Gregory v. Paul
Massachusetts Supreme Judicial Court
The plaintiff declares in case, for that one Charles Warhurton, on the 12th day of June, 1814, made his last will and testament, and thereby gave to the plaintiff the sum of 1000 dollars, to be paid her after his decease, by his executor ; and appointed the said Thomas to be sole executor of his said last will; who, after the said Charles’s decease, duly proved the same, and accepted the trust of executor thereof, and thereby became chargeable to the plaintiff, to pay her…
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The plaintiff declares in case, for that one Charles Warhurton, on the 12th day of June, 1814, made his last will and testament, and thereby gave to the plaintiff the sum of 1000 dollars, to be paid her after his decease, by his executor ; and appointed the said Thomas to be sole executor of his said last will; who, after the said Charles’s decease, duly proved the same, and accepted the trust of executor thereof, and thereby became chargeable to the plaintiff, to pay her the said legacy; yet, though requested, &c. The defendant pleads, in abatement of the plaintiff's writ, that she, before…
1Opinion of the Court
Putnam, J.,
pronounced the opinion of the Court It appearing, from the pleadings, that the plaintiff’s husband was. living at the commencement of this suit, the writ must be abated, unless the reasons contained in the replication are sufficient to entitle the plaintiff to sue as a feme sole ; for the general rule of law is very clear, that the wife cannot sue alone, but must join with her husband ; and that a gift or legacy to the wife, and even the rewards of her personal labor, during the coverture, vest in the husband, and he may release them. Indeed, the husband and wife are considered as…
2Cases cited1 opinion
- Edwards v. DavisNew York Supreme Court · 1819
3Cited by33 opinions
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- Roland v. LoganSupreme Court of Alabama · 1850
- Peck v. McLeanSupreme Court of Minnesota · 1886
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