Dexter v. Phillips
Massachusetts Supreme Judicial Court
Bill in equity, filed June 26,1874, by the trustees under the will of William Phillips, alleging that the testator died April 8, 1873, and that by his will the residue of his estate was given to the plaintiffs in trust to pay the net income thereof, as often as semi-annually, to John C. Phillips, during his natural life, and upon his decease, if he should' leave issue surviving him, to pay over, transfer and convey the principal or capital of the trust fund to and among his…
Read the full summary
Bill in equity, filed June 26,1874, by the trustees under the will of William Phillips, alleging that the testator died April 8, 1873, and that by his will the residue of his estate was given to the plaintiffs in trust to pay the net income thereof, as often as semi-annually, to John C. Phillips, during his natural life, and upon his decease, if he should' leave issue surviving him, to pay over, transfer and convey the principal or capital of the trust fund to and among his lawful issue; but if no lawful issue of John 0. should be living at his decease, then to pay over the net income of the…
1Opinion of the CourtGray, C. J.
It is a general rule of the common law, followed in chancery, that sums of money, payable periodically at fixed times, are not apportionable during the intervening periods.
It is accordingly well settled, both at law and in equity, except when otherwise provided by statute, that a contract for the payment of rent at the end of each quarter or month is not apportionable in respect of time. Sohier v. Eldredge, 103 Mass. 345. Clun's case, 10 Rep. 127 a, 128 a. Jenner v. Morgan, 1 P. Wms. 392. In re Markby, 4 Myl. & Cr. 484. Browne v. Amyot, 3 Hare, 173. Beer v. Beer, 12 C. B. 60. In re Clulow, 3…
2Cases cited8 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Clark v. Iowa CitySupreme Court of the United States · 1875
- Vermilye & Co. v. Adams Express Co.Supreme Court of the United States · 1875
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
- Granger v. BassettMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
- Pratt v. HigginsonMassachusetts Supreme Judicial Court · 1918
- Union Safe Deposit & Trust Co. v. DudleySupreme Judicial Court of Maine · 1908
23 more not listed; retrieve them via the Exa API.