Legal Opinion

Jacobs v. Hesler

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 23 opinions

Bill in equity, alleging that the plaintiff married Geo. A. Jacobs December 20, 1864 ; that he died August 28, 1870; that the defendant was appointed administrator of his estate; that during the marriage the plaintiff had S918.ll, which was her sole and separate property; that she delivered it to her husband in trust to invest it for her in United States bonds, and to deliver to her the bonds to be held by her as her own property; that he received the money on the trust;…

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Bill in equity, alleging that the plaintiff married Geo. A. Jacobs December 20, 1864 ; that he died August 28, 1870; that the defendant was appointed administrator of his estate; that during the marriage the plaintiff had S918.ll, which was her sole and separate property; that she delivered it to her husband in trust to invest it for her in United States bonds, and to deliver to her the bonds to be held by her as her own property; that he received the money on the trust; that he did not invest it or any part of it, or deliver to her any bonds; that he died without performing the trust, or…

1Opinion of the Court

Gray, C. J.*

The conversation between the husband and wife appears by her testimony to have been had in the presence of no other person except their family of young children, who are not shown to have taken any part in or paid any attention to the conversation. It must therefore be deemed incompetent evidence as a private conversation between husband and wife. Dexter v. Booth, 2 Allen, 559. Bliss v. Franklin, 13 Allen, 244. St. 1870, c. 393, § 1.

This evidence being laid out of the case, the only facts, proved by competent testimony, or found by the master, are that the money was the separate…

2Cases cited2 opinions

  1. McCluskey v. Provident Institution for SavingsMassachusetts Supreme Judicial Court · 1869
  2. Bassett v. BassettMassachusetts Supreme Judicial Court · 1873

3Cited by23 opinions

  1. Hopkins v. GrimshawSupreme Court of the United States · 1897
  2. Mercer v. StateSupreme Court of Florida · 1898
  3. Armacost v. LindleyIndiana Supreme Court · 1888
  4. Bennett v. BennettWest Virginia Supreme Court · 1892
  5. Gross v. StateCourt of Criminal Appeals of Texas · 1911

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