Massachusetts Supreme Judicial Court June 24, 1879 (Moore v. Moore)

Soule, J.

The title to the estate of Sally Cummings passed to her executor, whose duty it was to administer it according to the provisions of the will. In attempting to perform his duty he paid to the defendant’s intestate certain moneys, and delivered to her certain chattels, as due to her under the will. She received and treated the money and chattels as her own.