Claflin v. Holmes
Massachusetts Supreme Judicial Court
Contract, for interest at the rate of six per cent per annum from the date of the death of the defendant’s testatrix upon the amount of a bequest to the plaintiff.
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Contract, for interest at the rate of six per cent per annum from the date of the death of the defendant’s testatrix upon the amount of a bequest to the plaintiff. Writ in the Superior Court for the county of Suffolk dated March 10, 1908. The case was heard by Lawton, J., without a jury, upon an agreed statement of facts, from which it appeared that the defendant’s testatrix, Angie M. Allen, by the will of her husband was given a power of appointment by will over the principal of a fund placed in trust for her benefit during her life in the following language: “ After the decease of my said…
1Opinion of the CourtKnowlton, C. J.
The decision of the question whether interest is to be paid on the legacy of the plaintiff in this case, and if so, from what date, depends upon the construction of the will of the testatrix, in reference to the legacy, and the appointment made by her under the will of her husband, Aaron H. Allen.
*159In legal effect the legacy does not differ from an ordinary pecuniary legacy in a will. Property to a considerable amount, derived in part from the remainder of her estate after the payment of debts and certain legacies, and in part from a fund of which she had a power of appointment under her…
2Cases cited2 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Ogden v. PatteeMassachusetts Supreme Judicial Court · 1889
3Cited by11 opinions
- State Bank of Chicago v. GrossIllinois Supreme Court · 1931
- Williams v. SmithTexas Supreme Court · 1947
- Parker v. CobeMassachusetts Supreme Judicial Court · 1911
- Hoffmeister v. AmbergWisconsin Supreme Court · 1916
- Lyford v. McFetridgeMassachusetts Supreme Judicial Court · 1917
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