Contracts Keyed to Fuller
Spaulding v. Morse
Facts
Richard Morse (Defendant) and his wife Ruth divorced. The divorce decree provided that Defendant was to make payments to a trustee for their son’s “care, custody, maintenance, and support.” Defendant was to pay to the trustee $1200 per year until their son 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 he was attending the institution of higher education. The son joined the army after completing high school, and Defendant ceased making payments. The trustee, Spaulding, (Plaintiff) sued to compel payments. The trial court ruled for Plaintiff granting further monthly payments which would continue until completion of the son’s college education. Defendant appealed.
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