Allen v. Merwin

Massachusetts Supreme Judicial Court
Allen v. Merwin, 121 Mass. 378 (Mass. 1876)
1876 Mass. LEXIS 394
Gray

Allen v. Merwin

Opinion of the Court

Gray, C. J.

This case falls within the well settled rule, that a legacy, exactly corresponding in amount and time of payment to an existing debt of the testator to the legatee, and given by a will which contains no provision indicating a different intention, is to be presumed to be in satisfaction of the debt, and not in addition thereto. 2 Story Eq. Jur. §§ 1109, 1119, 1120. Strong v. Williams, 12 Mass. 390. Atkinson v. Littlewood, L. R. 18 Eq. 595. Judgment for the defendants affirmed.

Reference

Full Case Name
Fanny T. Allen v. Elias Merwin & another
Status
Published