Clapp v. Inhabitants of Stoughton
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The action was commenced on March 23d, 1829, by Ann Monk, the plaintiff’s intestate. The parties stated the following case. Lemuel Drake, by his last will, which was allowed and approved by the court of probate in November 1805, gave to Lemuel D. Southworth $ 100 when he should arrive at eighteen years of age ; but if he should die before he arrived at that age, then the money was to go to the use of the schoo' mentioned in the will.
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Assumpsit for money had and received. The action was commenced on March 23d, 1829, by Ann Monk, the plaintiff’s intestate. The parties stated the following case. Lemuel Drake, by his last will, which was allowed and approved by the court of probate in November 1805, gave to Lemuel D. Southworth $ 100 when he should arrive at eighteen years of age ; but if he should die before he arrived at that age, then the money was to go to the use of the schoo' mentioned in the will. Southworth died before he arrived at the age of eighteen years. L. Drake also devised to the defendants $ 300, for the…
1Opinion of the Court
Wilde J.
subsequently drew up the opinion of the Court. The plaintiff claims as administrator of the estate of Ann Monk, and in her right as she was one of the heirs of Abigail Drake, who by the last will and testament of Lemuel Drake, her husband, was made the residuary devisee and legatee of his estate. A portion of his estate, real and personal, was given to the defendants upon a condition which has not been performed. In this portion of his estate a contingent interest vested in Abigail Drake, although the contingency upon which it depended did not happen until after her death. It was a…
2Cases cited3 opinions
- Wintercast v. SmithSupreme Court of Pennsylvania · 1833
- Morse v. EarlNew York Supreme Court · 1835
- Robinson v. WoelpperSupreme Court of Pennsylvania · 1836