Marshall v. Dorsett

Decided March 15, 1836

Assumpsit for money had and received by the defendant to the plaintiff’s use. By a deed of trust, the property of the plaintiff and his wife was conveyed to Mrs. Susan G. Beall, in trust for the sole and separate use of the plaintiff’s wife, Anne Marshall, her executors, administrators, and assigns.

Decided 1836-03-15

The Court

¶1(item, con.) decided, that the husband, standing in the place of administrator, had a right to recover this debt, the wife not having, in her lifetime, disposed of the trust-fund by last will of deed executed according to the terms of the trust.

¶2Verdict for the plaintiff’, $430.