Mills v. Bailey

Citations

• 88 Md. 320
• 41 A. 780
• 1898 Md. LEXIS 201

Syllabus

<p>Action for Money had and received — Liability of Administrator of Life Tenant to Action by Legatee in Remainder — Beqtiest of Personalty for Life with Power of Disposition and Remainder over of the Residue— Competency of Evidence.</p> <p>An action for money had and received lies to recover money in the possession'of the defendant, which in justice and conscience belongs to the plaintiff; and it is not necessary 'that there should be any privity of contract between the parties.</p> <p>Where an administrator has in his possession money to which the plaintiff is entitled after a life estate therein by the administrator’s decedent, it ' may be recovered under an action for money had and received.</p> <p>A testator bequeathed the residue of his estate to his wife for life “ with full power to her to use, consume or dispose of any portion of said personal estate in her discretion,” and after the death of his said wife, then, upon a contingency which happened, one-half of the personal estate was given to the plaintiff. Held:</p> <p>1st. That the widow took only a life estate in the personalty with a power to dispose of it, and in the event of her death without having exercised that power, what remained of the personalty passed to the legatee in remainder.</p> <p>2d. That the administrator of the wife is liable in an action to the plaintiff, the legatee in remainder, upon proof that he received into his possession the residue which had not been disposed of by the life tenant.</p> <p>When plaintiff’s right to recover depends upon his proof of several facts, evidence tending to prove any one of those facts is admissible at any time without regard to the order in which it is introduced.</p>