Massachusetts Reports (Volume 161); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1894. Not illustrated. Excerpt: ... default. See Superior Court. delivery. See Assignment, 1, 3-, Deed; Sale. demand. See Deposition, 2; Mortgage, 2. demurrer. See Equity, 7; Fraudulent Representations, 3. deposition. 1. If the facts testified to in a deposition of one of the parties to an action are material to the issues both in that action and in a later one between the same parties, the deposition is competent evidence in the later action where the deponent has died before the trial. Radclyffe v. Barton, 327. 2. The forty-first rule of the Superior Court, which provides that "when a deposition has been filed, if not read on the trial by the party taking it, it may be used by the other party, if he sees fit, he paying the costs of taking the same," does not state a condition precedent; and while it is in the discretion of the presiding justice to exclude a deposition so offered in evidence, if the costs are not paid on the demand of the party taking it, yet if no demand is then made, and the deposition is admitted, it is no ground for thereafter holding it to be improperly admitted that the costs of taking it have not been paid or tendered. Ibid. devise and legacy. 1. After creating a trust by will for the benefit of his children, a testator provided: "Upon the decease of any of my said children, A., B., C, and D., I give... that portion of my estate of which the income is above given to him or her for life, to his or her children, their heirs and assigns forever. And if either of them shall die leaving no child or more remote descendant then living, I give... such share to the others of said four children in equal shares, their heirs and assigns forever." A. died in 1891, leaving four children. D. died in 1892, unmarried and without issue. Held, that the portion of the testator's estate held ...