Robinson v. Nutt
Massachusetts Supreme Judicial Court
Contract by the members of the sinking fund committee of the First Parish of Natick against the executor under the will of Maria Hayes, upon an agreement in writing signed by the defendant’s testatrix. Writ dated May 18, 1903. The Superior Court, upon an agreed statement of facts, gave judgment for the defendant. The plaintiffs appealed.
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Contract by the members of the sinking fund committee of the First Parish of Natick against the executor under the will of Maria Hayes, upon an agreement in writing signed by the defendant’s testatrix. Writ dated May 18, 1903. The Superior Court, upon an agreed statement of facts, gave judgment for the defendant. The plaintiffs appealed. The contract sued upon was as follows: “ No. 9. Natick, Mass., April 16, 1900. “ In order to help in the payment of the debt of the First Parish of Natick, within five years from the first of April, A. D. 1900, in all amounting to about $10,000 exclusive of…
1Opinion of the CourtBraley, J.
The written agreement signed by the testatrix was an undertaking on her part by which she agreed to pay the sum of $60 a year for the term of five years, if certain requirements were fulfilled by the plaintiffs, who were the standing committee of the First Parish of Natick.
From the agreed facts, on which the case is submitted, the defendant concedes that these terms have been met and fulfilled, upon a full performance of which the subscription of the testatrix was made contingént and payable, and in his written argument the executor now denies liability of the estate only on the ground that…
2Cases cited4 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Martin v. MelesMassachusetts Supreme Judicial Court · 1901
- French v. Boston National BankMassachusetts Supreme Judicial Court · 1901
- Sherwin v. FletcherMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Shea v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Commissioner of Internal Revenue v. Bryn Mawr Trust Co.Court of Appeals for the Third Circuit · 1936
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