Ogden v. Pattee
Massachusetts Supreme Judicial Court
Contract. The first count of the declaration was as follows: “ And the plaintiff says that Eliza Appleton, late of Boston, deceased, testate, on the 10th day of August, 1885; that her will was admitted to probate in the Probate Court for said county of Suffolk, January 21,1887, and letters of administration with the will annexed were granted to the defendants, February 21,1887, who accepted the trust; that by her said will said Eliza Appleton bequeathed to the plaintiff one…
Read the full summary
Contract. The first count of the declaration was as follows: “ And the plaintiff says that Eliza Appleton, late of Boston, deceased, testate, on the 10th day of August, 1885; that her will was admitted to probate in the Probate Court for said county of Suffolk, January 21,1887, and letters of administration with the will annexed were granted to the defendants, February 21,1887, who accepted the trust; that by her said will said Eliza Appleton bequeathed to the plaintiff one seven per cent bond of.the Boston and Albany Railroad Company, being bond No. 191; that said bond was a coupon bond,…
1Opinion of the CourtHolmes, J.
1. The court is of the opinion that the specific legacy of the bond carried the bond in such form as the testator left it, and therefore, that if, as seems to be conceded, the overdue negotiable coupon was physically attached to it at the testator’s death, the coupon passed with the bond.
2. The second count is for interest on a pecuniary legacy between August 10,1886, one year from the testatrix’s death, and May 25, 1887, the date when the legacy was paid. The defendants rely upon the fact disclosed by the count, that the will was not proved until January 21,1887. But interest “ does not…
2Cases cited1 opinion
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
3Cited by16 opinions
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- Thayer v. PauldingMassachusetts Supreme Judicial Court · 1908
- State Bank of Chicago v. GrossIllinois Supreme Court · 1931
- Boston Safe Deposit & Trust Co. v. ReedMassachusetts Supreme Judicial Court · 1918
- First National Bank v. Union HospitalMassachusetts Supreme Judicial Court · 1932
11 more not listed; retrieve them via the Exa API.