¶1were unanimous that the payment was good, and barred the recovery in this case. That this was a vested legacy, and not a marriage portion. That being a vested right, she had a power to receive it any time after she came of age ; though she could not compel the executor to pay it, if he did not think proper so to do. That it might be compared to receiving money on a bond, before it was due ; in which case, although the party could not demand or compel payment, }'et if the obligee chose to receive, and the obligor to pay, it was good, and should be binding on both parties.
1 S.C.L. 369
Boone v. Sinkler
Pennsylvania Court of Common Pleas
Decided July 1, 1794
Pennsylvania Court of Common Pleas · decided 1794-07-01
THIS case came before the court upon a special verdict, which stated K that John Boone devised 4,000/. to his niece, “ Mary White, to be paid to her one year after her mar-a riage ; and, in the mean time, to remain in his executors’ “ hands, they paying interest for the same. That Levi 61 Durand, the defendant’s testator, who was one of the “ executors of John Boone, paid Miss White her legacy, in M 1Y79, which she received when money was greatly de- “ predated.
Decided 1794-07-01