Parker v. Cobe
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on October 28, 1910, by the executors of the will of Herbert F. Hanson, late of Boston, against Ruth H. Cobe of Chicago in the State of Illinois for instructions as to a clause of the will relating to the defendant.
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Bill in equity, filed in the Supreme Judicial Court on October 28, 1910, by the executors of the will of Herbert F. Hanson, late of Boston, against Ruth H. Cobe of Chicago in the State of Illinois for instructions as to a clause of the will relating to the defendant. The bill alleged that the defendant was one of the beneficiaries named in the will; that at the time of the death of the testator she was a minor, and that one Ira M. Cobe of Chicago was appointed her guardian both in the State of Illinois and in this Commonwealth; that the will was dated December 2, 1905, and was admitted to…
1Opinion of the CourtLoring, J.
It is the settled law of England that a bequest of money to be used in the purchase of an annuity gives the legatee a right to the money and he can insist that the annuity shall not be bought. Yates v. Compton, 2 P. Wms. 308. Barnes v. Rowley, 3 Ves. 305. Bayley v. Bishop, 9 Ves. 6. Dawson v. Hearn, 1 Russ. & M. 606. Kerr v. Middlesex Hospital, 2 DeG., M. & G. 576. Ford v. Batley, 17 Beav. 303. Stokes v. Cheek, 28 Beav. 620. In re Mabbett, [1891] 1 Ch. 707. In re Robbins, [1907] 2 Ch. 8. For further cases see 2 Am. & Eng. Encyc. of Law, (2d ed.) 399. In the United States there is a decision…
2Cases cited4 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Thayer v. PauldingMassachusetts Supreme Judicial Court · 1908
- Reid v. BrownNew York Supreme Court · 1907
- Claflin v. HolmesMassachusetts Supreme Judicial Court · 1909
3Cited by17 opinions
- In Re the Estate of ColeNew York Court of Appeals · 1916
- Boston Safe Deposit & Trust Co. v. ReedMassachusetts Supreme Judicial Court · 1918
- Morgenthaler v. First Atlantic National BankSupreme Court of Florida · 1955
- Gilbert v. Findlay CollegeCourt of Appeals of Maryland · 1950
- American Bible Society v. CameronSupreme Court of Iowa · 1947
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