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65 Mass. 466

Slade v. Slade

Massachusetts Supreme Judicial Court

Decided October 15, 1853

Massachusetts Supreme Judicial Court · decided 1853-10-15

Each of the above-named actions was brought tc recover one sixth part of certain money received by the defendant, the amount of a pension allowed by the United States government to Mary Slade, widow of Peleg Slade, under the act of July 4th, 1836. Said Peleg died December 8th, 1813, being in the receipl of an annual pension of $200, for military service, and leaving the defendant his executor and residuary legatee.

Decided 1853-10-15

Thomas, J.

¶1The ruling of the presiding judge is sustained by the decision of this court in Foot v. Knowles, 4 Met. 386. Upon an examination of that case, and the authorities upon, which it rests, we are satisfied it was rightly decided.

¶2It is suggested by the learned counsel for the plaintiffs, that the St. of March 2d, 1829, was not in the mind of the court when Footv. Knowleswas determined. But in looking at that statute, it seems to us to be limited to the pension laws in force at the time of its passage. Before the act of June 19th, 1840, the right to this money had become fixed. The act is also in terms prospective only.

¶3Exceptions overruled.

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