Allen v. Merwin
Allen v. Merwin
121 Mass. 378; 1876 Mass. LEXIS 394
Allen v. Merwin
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.