Public-domain · open source
OpenJurist

96 Mass. 65

Adams v. Adams

Massachusetts Supreme Judicial Court

Decided January 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-01-15

Contract. The declaration alleged that the defendant took a certain estate as devisee under the will of John Adams, upon the condition that he should within two years after the death of John Adams pay to Charles Adams, the plaintiff’s intestate, the sum of six hundred dollars; that the defendant has been in possession of the devised estate, and has made repairs and improvements thereon; that John Adams died April 30th 1863, and Charles Adams died in December 1864, and the…

Decided 1867-01-15

Foster, J.

¶1The sum payable to Charles Adams was a legacy which vested upon the acceptance by the defendant of the devise to him on condition of its payment. Upon the acceptance of such a devise, the law raises an implied promise by the devisee of the estate charged in favor of the legatee of the money charged upon it. The legacy vested as soon as the defendant accepted the devise to him, although not payable till two years after the testator’s death. On the death of the legatee, it did not lapse and the devisee acquired no right to hold the estate freed from the charge, but the right to receive the legacy passed to the executor or administrator of the original donee. Bowker v. Bowker, 9 Cush. 519.

¶2Exceptions overruled.

/96/mass/65 · .json · Public domain