Boone v. Sinkler

1 S.C.L. 369

Opinion

The Court

(present, the Chief Justice, and Grimke, Waties, and Bay, Judges)

were unanimous that the payment was good, and barred the recovery in this case. That this was a vested legacy, and not a marriage portion. That being a vested right, she had a power to receive it any time after she came of age ; though she could not compel the executor to pay it, if he did not think proper so to do. That it might be compared to receiving money on a bond, before it was due ; in which case, although the party could not demand or compel payment, }'et if the obligee chose to receive, and the obligor to pay, it was good, and should be binding on both parties.