Lovering v. Minot
Massachusetts Supreme Judicial Court
This was an action of assumpsit, on the money counts, to which the defendant pleaded the general issue. The parties agreed upon the following statement of facts.
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This was an action of assumpsit, on the money counts, to which the defendant pleaded the general issue. The parties agreed upon the following statement of facts. Joseph Lovering, of Boston, the father of the plaintiff, died on the thirteenth day of June, 1848, testate, and his will, to which there were two codicils, was proved in Middlesex county, (the judge of probate for Suffolk county being interested in the estate,) on the fourteenth day of December, 1848. The testator, after giving sundry legacies and devises, part of them in trust to Charlés Wells and William Minot, proceeds in the…
1Opinion of the CourtShaw, C. J.
This was an action of assumpsit by Joseph Lovering, son and legatee of Joseph Lovering deceased, against William Minot and Nathaniel Lovering, executors of the will of Joseph Lovering, Senior.
1. The first question is, whether the plaintiff, as one of the, five children, to whom the income of the residuum was given after paying debts and legacies, and setting apart sums given in trust to raise annuities, is entitled to the income which accrued during the first year after the testator’s decease.
After giving to the trustees a sum of $20,000, and $4,000 in trust to pay the income to his son, the…
2Cases cited1 opinion
- Williamson v. WilliamsonNew York Court of Chancery · 1837
3Cited by2 opinions
- Equitable Trust Co. v. KentCourt of Chancery of Delaware · 1917
- Equitable Guarantee & Trust Co. v. McCurdyCourt of Chancery of Delaware · 1916