Spaulding v. Morse

322 Mass. 149 (1947)

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Nature of the Case

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Facts

A trust agreement was created for Merilyn Morse and Richard Morse by their father George in order to provide support for the children when Ruth and George got divorced. The trust was modified such that George was obligated to pay for Richard’s college education. Richard completed high school in 1946 and was immediately inducted into the Army. The trustee sued George to require him to pay the $100 per month even while Richard was in the Army. The language was not properly written, and it was decided by a lower court that George was to pay continued support even while Richard was in the military and capable of supporting himself. The language of the trust contained no express cut off provision to stop payments after the age of majority and then some type of payment if Richard went to college. Instead, the agreement called for payments until Richard entered college, but Richard was drafted into the military straight from high school graduation. The trial court ordered continued payments until Richard entered college and then support for four years afterward. D appealed.