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Spaulding v. Morse

Supreme Judicial Court of Massachusetts
76 N.E.2d 137 (1947)


Richard Morse (defendant) and his wife Ruth divorced. The divorce decree provided that Morse was to make payments to a trustee for their son’s “care, custody, maintenance and support.” Morse was to pay to the trustee $1200 per year until their son entered “into some college, university or higher institution of learning beyond the completion of the high school grades” and $2200 per year for up to four years while he was attending the institution of higher education. The son joined the army after completing high school, and Morse ceased making payments. The trustee, Spaulding, (plaintiff) brought suit to compel payments. The trial court ruled for Spaulding granting further monthly payments which would continue until completion of the son’s college education. Morse appealed.

Rule of Law


Holding and Reasoning (Dolan, J.)

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