Wellington v. Apthorp
Massachusetts Supreme Judicial Court
Contract against the administrator with the will annexed of the estate of Mary Chism, deceased, upon an agreement alleged to have been made by her with the plaintiff, on or about-May 23, 1878, to bequeath to him by her last will the sum of $5000, and pay his expenses of a journey to California and Nevada in accompanying her there in the fall of 1878; and also upon an account annexed for services in managing her property, in accompanying her to California and Nevada, and for…
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Contract against the administrator with the will annexed of the estate of Mary Chism, deceased, upon an agreement alleged to have been made by her with the plaintiff, on or about-May 23, 1878, to bequeath to him by her last will the sum of $5000, and pay his expenses of a journey to California and Nevada in accompanying her there in the fall of 1878; and also upon an account annexed for services in managing her property, in accompanying her to California and Nevada, and for cash paid by him as expenses on said visit. The case was referred to an auditor, who made the following report: “The…
1Opinion of the CourtC. Allen, J.
It is not contended, on behalf of the defendant, that a contract, founded on a sufficient consideration, to make a certain provision by will for a particular person is invalid in law. The contrary is well settled. Jenkins v. Stetson, *739 Allen, 128, 132. Parker v. Coburn, 10 Allen, 82. Canada v. Canada, 6 Cush. 15. Parsell v. Stryker, 41 N. Y. 480. Thompson v. Stevens, 71 Penn. St. 161. Updike v. Ten Broeck, 3 Vroom, 105. Caviness v. Rushton, 101 Ind. 500.
Nor is it contended that a contract to leave a certain amount of money by will to a particular person, though oral, is open to objection under…
2Cases cited11 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Todd v. . WeberNew York Court of Appeals · 1884
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Kent v. . KentNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Schwanbeck v. Federal-Mogul Corp.Massachusetts Supreme Judicial Court · 1992
- Rhode Island Hospital Trust National Bank v. VaradianMassachusetts Supreme Judicial Court · 1995
- Zeigler v. Illinois Trust & Savings BankIllinois Supreme Court · 1910
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
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