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Spaulding v. Morse

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


Facts

George Morse (defendant) and his wife Ruth divorced. The divorce decree provided that Ruth would have custody of the couple's son, Richard, and that George was to make payments to a trustee for Richard's “care, custody, maintenance and support.” Specifically, George was to pay to the trustee $1200 per year until Richard 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 Richard was attending the institution of higher education. Richard joined the army after completing high school, and George ceased making payments. The trustee, Wickliffe Spaulding (plaintiff), brought suit to compel payments. The trial court ruled for Spaulding and granted further monthly payments, which were to continue until completion of Richard’s college education. George appealed.

Rule of Law

Issue

Holding and Reasoning (Dolan, J.)

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