Pinkerton v. Sargent
Massachusetts Supreme Judicial Court
Contract by the plaintiff, who was the administrator de bonis non of the estate of Sarah 0. Sargent, the wife of Lucius M. Sargent, against the defendant, who was the executor of the will of Lucius M. Sargent.
Read the full summary
Contract by the plaintiff, who was the administrator de bonis non of the estate of Sarah 0. Sargent, the wife of Lucius M. Sargent, against the defendant, who was the executor of the will of Lucius M. Sargent. Those portions of the will of Lucius M. Sargent which were material to this case were as follows: “I will, devise and bequeath all the rest and residue of my estate, real, personal and mixed, to my son, Horace Binney Sargent, to him and his heirs forever, in trust nevertheless .... Secondly, to pay for the support of my wife during her insanity.....Fifthly, to apply to his the said…
1Opinion of the CourtWells, J.
Under the statutes of Massachusetts, the arrears of a bequest, like that for the support of Mrs. Sargent, may be recovered in an action at law. Farwell v. Jacobs, 4 Mass. 634. Swasey v. Little, 7 Pick. 296. Crocker v. Crocker, 11 Pick. 252. A demand is not necessary to the vesting of the right, but only to the maintenance of an action against the executor which is based upon default or breach of duty by him,. The right is not lost, therefore, by the death of Mrs. Sargent without having made such demand. The plaintiff, as her administrator, is the person entitled, after her decease, to claim…
2Cases cited2 opinions
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Heath v. WithingtonMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Smith v. FellowsMassachusetts Supreme Judicial Court · 1881
- Collins v. CollinsMassachusetts Supreme Judicial Court · 1886
- Shea v. DavisMassachusetts Supreme Judicial Court · 1941
1 more not listed; retrieve them via the Exa API.