Legal Opinion

Lathrop v. Merrill

Massachusetts Supreme Judicial Court

Decided October 28, 1910PublishedCited by 19 opinions

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

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
  3. Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
  4. Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
  5. Hays v. JacksonMassachusetts Supreme Judicial Court · 1809

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3Cited by19 opinions

  1. McFeely v. CommissionerSupreme Court of the United States · 1935
  2. Erickson v. EricksonSupreme Court of Minnesota · 1936
  3. Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
  4. Boston Safe Deposit & Trust Co. v. CollierMassachusetts Supreme Judicial Court · 1916
  5. Bucknam v. BucknamMassachusetts Supreme Judicial Court · 1936

14 more not listed; retrieve them via the Exa API.

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