Krell v. Codman
Massachusetts Supreme Judicial Court
Contract, against the executor of the will of Martha G. Wheelwright, upon a covenant in an indenture under seal, dated February 13, 1885. The case was heard in January, 1890, by Meld, J., and reported by him for the consideration of the full court, and was as follows.
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Contract, against the executor of the will of Martha G. Wheelwright, upon a covenant in an indenture under seal, dated February 13, 1885. The case was heard in January, 1890, by Meld, J., and reported by him for the consideration of the full court, and was as follows. The indenture was executed by “ Martha Gerrish Wheelwright, of Roslyn House, Oatlands Park, in the county of Surrey, widow, of the one part, and Paul Karl Ludwig Emil Krell of the same place, Esquire, and Charles Watkins of No. 19 Oakley Square in the parish of St. Paneras in the county of Middlesex, Esquire, of the other part,”…
1Opinion of the CourtHolmes, J.
This is an action on a voluntary covenant in an indenture under seal, executed by the defendant’s testatrix in England, that her executors, within six months after her death, should pay to the plaintiffs, upon certain trusts, the sum of ¿62,500, with interest at four per cent from the day of her death.
It is agreed that by the law of England such a covenant constitutes a debt of the covenantor legally chargeable upon his or her estate, ranking after debts for value, but before legacies. But it is contended by the defendant that a similar instrument executed here would be void. The testatrix…
2Cases cited5 opinions
- Wellington v. ApthorpMassachusetts Supreme Judicial Court · 1887
- Cover v. StemCourt of Appeals of Maryland · 1887
- Mather v. CorlissMassachusetts Supreme Judicial Court · 1870
- Perry v. CrossMassachusetts Supreme Judicial Court · 1882
- Warren v. DurfeeMassachusetts Supreme Judicial Court · 1879
3Cited by28 opinions
- Johnson-Foster Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1943
- Blanchette v. BlanchetteMassachusetts Supreme Judicial Court · 1972
- Garwood Packaging, Inc. v. Allen & Company, Inc.Court of Appeals for the Seventh Circuit · 2004
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- Jones v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1925
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