Legal Opinion

Mason v. Homer

Massachusetts Supreme Judicial Court

Decided September 15, 1870PublishedCited by 5 opinions

Contbact by the plaintiff as administrator of the estate of his wife, Mary R. Mason, to recover the amount of a promissory note given to her by the defendant. At the trial in the superior court, before Rockwell, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The case is stated in the opinion.

1Opinion of the Court

Colt, J.*

The plaintiff, a resident of Connecticut, married the payee and owner of the note in suit, in this Commonwealth, where she then resided. At her marriage, the wife, by operation of law, took the domicil of her husband; and she lived with him in Connecticut till her death. Upon the facts stated, it is to be presumed that the contract of marriage was entered into with the intention, on the part of both, of making his place of residence heir future home. The efféct of the marriage upon her rights _n personal property, in the absence of any nuptial contract, must, under these…

2Cases cited3 opinions

  1. Sherwood v. SherwoodSupreme Court of Connecticut · 1864
  2. Homer's Appeal from ProbateSupreme Court of Connecticut · 1868
  3. Mason v. FullerSupreme Court of Connecticut · 1869

3Cited by5 opinions

  1. McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
  2. Green v. COMMISSIONER OF CORPORATIONS & TAXATION.Massachusetts Supreme Judicial Court · 1973
  3. Harral v. HarralSupreme Court of New Jersey · 1884
  4. Rolfe v. WalshMassachusetts Supreme Judicial Court · 1945
  5. Prince v. New York Life Ins.District Court, D. Massachusetts · 1938

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