Lathrop v. Merrill
Massachusetts Supreme Judicial Court
Bill ih equity, filed in the Supreme Judicial Court on March 17, 1910, by the administrator de bonis non with the will annexed of the estate of Lucy A. Fuller, late of Springfield, for instructions.
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Bill ih equity, filed in the Supreme Judicial Court on March 17, 1910, by the administrator de bonis non with the will annexed of the estate of Lucy A. Fuller, late of Springfield, for instructions. The bill alleged that by the first clause of the will the defendant Merrill was given $3,000, to be paid at the convenience of the executor; that the plaintiff paid that sum to the defendant Merrill on November 9,1898, and at that time received from the defendant Merrill a full discharge under seal from the payment of that sum and also in full receipt and discharge of all legacies under said will;…
1Opinion of the CourtLoring, J.
The question upon which the rights of the defend*9ants in this case depend is this: Were the interests which the legatees took under the third clause of the will legal or equitable interests ?
A testator cannot qualify a devise of a legal estate in land or a bequest of an absolute legal interest in personal property by a provision that the devisee’s estate or the legatee’s interest shall not be alienated nor taken for his debts. Of that there never has been and is not now any doubt. Co. Lit. 223 a. Blackstone Bank v. Davis, 21 Pick. 42. Gleason v. Fayerweather, 4 Gray, 348. Lane v. Lane, 8…
2Cases cited20 opinions
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