Legal Opinion

Harrison v. Pepper

Massachusetts Supreme Judicial Court

Decided May 25, 1896PublishedCited by 41 opinions

Bill in equity, filed January 1, 1896, to compel the defendant to place the sum received by her for insurance on certain premises, of which she was life tenant, in trust for the plaintiff, as remainderman, until the decease of the defendant, with income payable to the defendant during life. The defendant demurred to the bill for want of equity. The Supreme Judicial Court sustained the demurrer, and dismissed the bill; and the plaintiff appealed.

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Bill in equity, filed January 1, 1896, to compel the defendant to place the sum received by her for insurance on certain premises, of which she was life tenant, in trust for the plaintiff, as remainderman, until the decease of the defendant, with income payable to the defendant during life. The defendant demurred to the bill for want of equity. The Supreme Judicial Court sustained the demurrer, and dismissed the bill; and the plaintiff appealed. The facts appear in the opinion,

1Opinion of the CourtMorton, J.

The defendant, as life tenant, had an insurable interest in the property, and although it is alleged in the bill that she renewed the insurance on the building in her own name “ as an entirety of estate without qualification ... for the sum of twelve hundred dollars,” and that that sum was paid to her as the full value of the dwelling-house, without any deduction by reason of the plaintiff’s ownership in fee, it is not alleged that the sum so paid exceeded the value of the defendant’s interest, or what the value of the defendant’s interest was. If the amount received by the defendant did not…

2Cases cited5 opinions

  1. The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
  2. Stillwell v. . StaplesNew York Court of Appeals · 1859
  3. International Trust Co. v. BoardmanMassachusetts Supreme Judicial Court · 1889
  4. Burlingame v. GoodspeedMassachusetts Supreme Judicial Court · 1891
  5. Reitenbach v. JohnsonMassachusetts Supreme Judicial Court · 1880

3Cited by41 opinions

  1. Keesecker v. BirdWest Virginia Supreme Court · 1997
  2. Lynch v. JohnsonSupreme Court of Virginia · 1954
  3. Alexander v. Security-First National BankCalifornia Supreme Court · 1936
  4. Thompson v. GearheartSupreme Court of Virginia · 1923
  5. Gorman's EstateSupreme Court of Pennsylvania · 1936

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