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Contracts Keyed to Burton
Spaulding v. Morse
Citation:322 Mass. 149, 76 N.E.2d 137
George Morse (plaintiff) and his wife divorced. As part of the divorce decree, George promised to provide for the “care, custody, maintenance and support” of their two children, Merilyn and Richard. Specifically, George was to pay to a trustee, Spaulding (defendant), the sum of $1,200 per year for his son Richard up until the completion of Richard’s high school education. The payments were to increase to the sum of $2,200 per year for Richard’s college education not to exceed four years. Richard’s education was interrupted by the World War II. Richard entered the United States Army shortly after he graduated high school. George stopped making payments once Richard entered the armed services. Spaulding sued George to compel him to continue the payments.
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