Bartlet v. King
Massachusetts Supreme Judicial Court
* The plaintiffs demanded, in an action of debt against [*537] the defendant, as executor of the last will and testament of Mary Norris, late of Salem, widow, deceased, a legacy bequeath ed them in the following clause of said will, namely : “ I give and bequeath to William Bartlet, of Newburyport, in the county aforesaid, Esquire, Samuel Spring, of said Newburyport, Doctor in Divinity, and Samuel Worcester, of Salem, aforesaid, clerk, and to the survivors and survivor of…
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* The plaintiffs demanded, in an action of debt against [*537] the defendant, as executor of the last will and testament of Mary Norris, late of Salem, widow, deceased, a legacy bequeath ed them in the following clause of said will, namely : “ I give and bequeath to William Bartlet, of Newburyport, in the county aforesaid, Esquire, Samuel Spring, of said Newburyport, Doctor in Divinity, and Samuel Worcester, of Salem, aforesaid, clerk, and to the survivors and survivor of them, and the executors, administrators, and assigns of such survivor, the capital sum of $ 30,000 ; to have and to hold…
1Opinion of the CourtDewey, J.
The action is for a legacy given by the will of Mary Morris, deceased, to the plaintiffs, in trust for The American Board of Commissioners for Foreign Missions, for the purpose of promoting the pious objects of said board. The proceedings are according to the course of the common law, and the action is given by statute.
The clause of the will, on which the action is founded, is in the words following ; [here his Honor recited the words of the bequest ; and added the substance of the agreement of the parties to the action, and proceeded.]
As there is no objection to the competency of the…
2Cases cited3 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Jackson ex dem. Lynch v. HartwellNew York Supreme Court · 1811
- Witman v. LexSupreme Court of Pennsylvania · 1827
3Cited by128 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- The People v. GouldIllinois Supreme Court · 1931
- Jackson v. PhillipsMassachusetts Supreme Judicial Court · 1867
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