Ayer v. Ayer
Massachusetts Supreme Judicial Court
Contract against the administrators with the will annexed of James C. Ayer to recover a legacy. Writ dated September 23,1879. The case was submitted to this court on agreed facts, by which it appeared that the testator died on July 3,1878, and his will was duly admitted to probate; and that, after the entry of this action, the defendants paid the plaintiff the principal sum and interest thereon from the expiration of one year from the death of the testator.
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Contract against the administrators with the will annexed of James C. Ayer to recover a legacy. Writ dated September 23,1879. The case was submitted to this court on agreed facts, by which it appeared that the testator died on July 3,1878, and his will was duly admitted to probate; and that, after the entry of this action, the defendants paid the plaintiff the principal sum and interest thereon from the expiration of one year from the death of the testator. The clause of the will relating to the legacy in question appears in the opinion. If the plaintiff was entitled to recover the income or…
1Opinion of the CourtMorton, J.
The question presented in this case is whether the plaintiff is entitled to the income or interest, from the death of the testator, of the fund given to him by the ninth clause of the will of his brother. This clause is as follows: “ I give and devise unto my brother, Frederick Ayer, the sum of one hundred thousand dollars, but in and upon the trust that he shall invest the same in his name as trustee under the article ninth of this will, and during his life keep the same, or so much thereof as shall remain unexpended as hereinafter authorized, so invested in such property or securities as he…
2Cases cited5 opinions
- Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
- Johnson v. BattelleMassachusetts Supreme Judicial Court · 1878
- Pollock v. LearnedMassachusetts Supreme Judicial Court · 1869
- Smith v. SnowMassachusetts Supreme Judicial Court · 1877
3Cited by21 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
- Herring v. . WilliamsSupreme Court of North Carolina · 1910
- Casey v. GenterMassachusetts Supreme Judicial Court · 1931
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