Bates v. Barry
Massachusetts Supreme Judicial Court
Contract by the administrator of Ann Gr. Bates, against the trustees under the will of Charles W. Cartwright, to recover the balance of a legacy given to Bates by the will.
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Contract by the administrator of Ann Gr. Bates, against the trustees under the will of Charles W. Cartwright, to recover the balance of a legacy given to Bates by the will. The case was submitted to the Superior Court, and, after judgment for the plaintiff-for $38.76, to this court, on appeal, on an agreed statement of facts in substance as follows : Charles W. Cartwright died on August 12, 1873, leaving a will by which he gave to the defendants all of his estate in trust, to be disposed of as therein directed. The will contained, besides several legacies and annuities, the following: “ I…
1Opinion of the CourtSoule, J.
The clause in the will, “I order that $500 per year for ten years be paid over to my niece, Ann G. Bates,” gave her an annuity, and not a legacy of $5000, payable in instalments. Brimlecom v. Haven, 12 Cush. 511. Stephens v. Milnor, 9 C. E. Green, 358. It was, therefore, by the terms of the will, payable quarterly, and subject to abatement if the income proved insufficient to pay all the annuities in full. The plaintiff consequently has made no case for recovery of any arrearages of the annuity payable on or before October 1, 1876.
As there are no words of inheritance or succession in the…
2Cited by14 opinions
- Bolster v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1946
- Welch v. HillMassachusetts Supreme Judicial Court · 1914
- Peck v. KinneyCourt of Appeals for the Second Circuit · 1905
- Tirrell v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1934
- Harrison v. MardenMassachusetts Supreme Judicial Court · 1937
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