Blackler v. Boott
Massachusetts Supreme Judicial Court
Contract, against the executors of the will of Robert C. Hooper, for a legacy of $5000 given to the plaintiff by the will.
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Contract, against the executors of the will of Robert C. Hooper, for a legacy of $5000 given to the plaintiff by the will. Writ dated January 2,1871. The defendants in their answer admitted the facts alleged' in the declaration, but denied that they owed the plaintiff any part of the legacy, because at the time of the testator’s death the plaintiff was indebted to him in a large sum, which was assets of the estate, and ought in law and equity-to be applied to the satisfaction and payment of the legacy. They also filed a declaration -in set-off for $6685, upon an account annexed, in which the…
1Opinion of the CourtWells, J.
There is no presumption, from the mere fact of a pecuniary legacy to one who is indebted to the testator, that it was intended to forgive him the debt, in addition to the legacy. Such an inference will not be drawn from a proviso attached to another legacy in the same will, making it conditional upon payment of a debt of like amount with the legacy; although the provisions of other clauses may doubtless be resorted to for aid in the interpretation, when it is otherwise doubtful. Different circumstances, not disclosed, may require or suggest to the testatoi different precautions in relation to…
2Cited by14 opinions
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