Duryea v. Harvey
Massachusetts Supreme Judicial Court
Bill in equity, filed May 16, 1901, to enforce the payment to the plaintiff of certain sums of money which the defendant Harvey by a written instrument agreed to .pay to William L. Simpson, intestate of the defendant Mabelle P. Simpson, alleged to belong to the plaintiff by virtue of gift irvter vivas or causa mortis from William L. Simpson.
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Bill in equity, filed May 16, 1901, to enforce the payment to the plaintiff of certain sums of money which the defendant Harvey by a written instrument agreed to .pay to William L. Simpson, intestate of the defendant Mabelle P. Simpson, alleged to belong to the plaintiff by virtue of gift irvter vivas or causa mortis from William L. Simpson. In the Superior Court Fessenden, J. made the following findings of fact: The defendant Harvey and William L. Simpson duly executed an instrument, dated September 5, 1900, which was and is valid and bound the parties thereto, and is binding upon the…
1Opinion of the CourtHammond, J.
William L. Simpson, fearing that his physician would advise him that a surgical operation would be necessary to prevent a fatal result from a disease from the effects of which he believed himself to be suffering, and thinking that he might commit suicide rather than to submit to such an operation, put the papers upon which the_plaintiff relies in an envelope, which having sealed he caused to be placed in the hands of Jacob Seheider. Upon the outside of the envelope he wrote: “To be opened by Jacob Seheider, . . . or Miss May Duryea, . . . only by my direction or on my death.”
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2Cases cited3 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
- Hewins v. BakerMassachusetts Supreme Judicial Court · 1894
3Cited by15 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Bone v. HolmesMassachusetts Supreme Judicial Court · 1907
- In Re Adoption of JarenSupreme Court of Minnesota · 1947
- Bowers v. HathawayMassachusetts Supreme Judicial Court · 1958
- Simpkins v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1926
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