Jaques v. Swasey
Massachusetts Supreme Judicial Court
Appeal, by residuary legatees under the will of Anna Jaques, from a decree of the Probate Court allowing to William H. Swasey, the executor, the sum of ten thousand dollars paid by him to Harriet M. Downs as a legacy under the will. The case was heard by Bevens, J., who reported it for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The appellants contend that the sum of three thousand dollars paid by the testatrix in her lifetime to Mrs. Downs should be deducted from the legacy of ten thousand dollars to her. The payment was made several years before the will was executed, and cannot operate as an ademption, or payment, or advancement pro tanto of the legacy. To give such an effect to it would be to vary the terms of the will, and to show by paroi that the testatrix intended a legacy of seven thousand, and not of ten thousand dollars. Payment of a legacy provided for in a will made by the testator before the will takes…
2Cases cited3 opinions
- Rogers v. FrenchSupreme Court of Georgia · 1856
- Kreider v. BoyerSupreme Court of Pennsylvania · 1840
- Musselman's EstateSupreme Court of Pennsylvania · 1836
3Cited by9 opinions
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- Fletcher v. YatesOregon Supreme Court · 1922
- Lake v. HarringtonMississippi Supreme Court · 1950
- Old Colony Trust Co. v. UnderwoodMassachusetts Supreme Judicial Court · 1937
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