Legal Opinion

Harmon v. Osgood

Massachusetts Supreme Judicial Court

Decided May 16, 1890PublishedCited by 5 opinions

SoiRE JFACIAS against the defendant, as trustee in a trustee process brought by the plaintiff against William H. Swift, administrator of the estate of Ann McLean, deceased. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows.

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SoiRE JFACIAS against the defendant, as trustee in a trustee process brought by the plaintiff against William H. Swift, administrator of the estate of Ann McLean, deceased. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In the summer of 1886, Ann McLean, who had lived as a servant in the defendant’s family for several years, having become ill, handed to the defendant six hundred and sixty dollars, saying : “ You take this money. When I die, bury me, and keep the rest, because you are the…

1Opinion of the CourtHolmes, J.

This is scire facias against an alleged trustee. We are to assume that the original defendant’s intestate, one Ann McLean, was indebted to the plaintiff for professional services, and, being so indebted, made a gift of six hundred and sixty dollars, which was all her property, to the present defendant, saying: “ You take this money. When I die, bury me, and keep the rest, because you are the only woman who has ever been kind to me.” It is not material whether this gift was a gift inter vivos or causa mortis. Whichever it was, we must take it to have been void as against the plaintiff, at…

2Cases cited2 opinions

  1. Pierce v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1880
  2. Sherman v. DavisMassachusetts Supreme Judicial Court · 1884

3Cited by5 opinions

  1. Harmon v. SweetMassachusetts Supreme Judicial Court · 1915
  2. Fulton v. OkesSupreme Court of Minnesota · 1935
  3. F. & M. Schaefer Brewing Co. v. MoebsMassachusetts Supreme Judicial Court · 1905
  4. Herthel v. McKimMassachusetts Supreme Judicial Court · 1906
  5. Jones v. BenjaminMassachusetts Supreme Judicial Court · 1925

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