Eliott v. Sparrell
Massachusetts Supreme Judicial Court
Contract to recover interest upon a legacy. In the Superior Court, trial by jury was waived, and the case was heard and was determined by Brigham,, C. J., upon finding the following facts : Joshua Magoun died December 6,1857, and left a last will, which was duly admitted to probate January 12, 1858. The material portion of the will was as follows : “ 8th.
Read the full summary
Contract to recover interest upon a legacy. In the Superior Court, trial by jury was waived, and the case was heard and was determined by Brigham,, C. J., upon finding the following facts : Joshua Magoun died December 6,1857, and left a last will, which was duly admitted to probate January 12, 1858. The material portion of the will was as follows : “ 8th. I give and devise and bequeath to my granddaughter, Lucy C. Eliott, the sum of five hundred dollars, to be paid to her by my executors when she shall arrive at the age of twenty-one years. If she should die before she arrives to the age of…
1Opinion of the CourtEndicott, J.
The testator, by the eighth clause of his will, gave to his granddaughter, the plaintiff, a legacy of $500, payable to her when twenty-one years of age; if she died before reaching that age, to her issue; and in default of issue, to the testator’s children then living, or the issue of any deceased child. The clause also contains the provision .that the legacy is “ to be *406taken from my personal estate, before making a division of the same, and invested by my executors for the especial purpose of paying the above named legacy.” The clear meaning of this is, that when the $500 shall be separated…
2Cited by12 opinions
- Lannin v. BuckleyMassachusetts Supreme Judicial Court · 1926
- Shirk v. WalkerMassachusetts Supreme Judicial Court · 1937
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Perrin v. LepperMichigan Supreme Court · 1888
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
7 more not listed; retrieve them via the Exa API.