Earle v. Rice
Massachusetts Supreme Judicial Court
Bill in equity against William W. Rice, Thomas L. Nelson. Thomas Earle, Edward Earle, Philip Henry Earle, Ellen Chase Earle, and Thomas H. Earle, the last four being minor children of the plaintiff and the defendant Thomas Earle, praying that a paper signed by the plaintiff and Thomas Earle might be delivered up to be cancelled, and that Rice and Nelson might deliver to the plaintiff the proceeds of the sale of certain real estate of hers in their hands.
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Bill in equity against William W. Rice, Thomas L. Nelson. Thomas Earle, Edward Earle, Philip Henry Earle, Ellen Chase Earle, and Thomas H. Earle, the last four being minor children of the plaintiff and the defendant Thomas Earle, praying that a paper signed by the plaintiff and Thomas Earle might be delivered up to be cancelled, and that Rice and Nelson might deliver to the plaintiff the proceeds of the sale of certain real estate of hers in their hands. Philip Henry Earle having died, an administrator of his estate was appointed; a guardian ad litem of the other children was appointed; and…
1Opinion of the CourtGray, J.
We are not required to determine how far an executory contract made by a wife with her husband for the disposition of her interest in real estate may bind her in equity, because we are of opinion that, independently of the objection to their capacity to contract with each other, no agreement is proved which can be held to affect the plaintiff’s rights.
As to the memorandum of February 23, 1869, the evidence is full and conclusive that it was signed by the husband with the understanding that it would not be legally binding, or anything more than a moral or honorary obligation, upon either…
2Cases cited2 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
3Cited by9 opinions
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Bourke v. Van KeurenSupreme Court of Colorado · 1894
- Beaman-Marvell Co. v. GunnMassachusetts Supreme Judicial Court · 1940
- Woods v. Fifth-Third Union Tr. Co.Ohio Court of Appeals · 1936
- Deierling v. Wabash RailroadMissouri Court of Appeals · 1912
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