Legal Opinion

Brown v. Addison Gilbert Hospital

Massachusetts Supreme Judicial Court

Decided January 7, 1892PublishedCited by 2 opinions

Bill in equity, filed in the Superior Court, for specific performance of an agreement by the defendant corporation, dated September 24, 1891, to purchase land.

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Bill in equity, filed in the Superior Court, for specific performance of an agreement by the defendant corporation, dated September 24, 1891, to purchase land. Answer, that the plaintiff was not absolutely entitled to the land in question, and that the plaintiff’s estate in such land was a “fee determinable in the event of his dying leaving no issue living at his decease, with an executory devise over to others, and that therefore the plaintiff cannot by his deed convey a good and clear title to said land.” The case was submitted to the Superior Court, and, after a decree for the plaintiff,…

1Opinion of the CourtBarker, J.

The testator devised to his son Jonathan the improvement, use, and rents of a certain farm for and during the term of his natural life, and, by a subsequent clause of his will, gave and devised to Eben, “ the son of my son Jonathan, the farm as hereinbefore described, subject to the life estate therein given to my son Jonathan, and subject also to the limitation that, if said Eben die without issue, then this devise is to go to other son or sons of my son Jonathan, if any there should be, and if not, to the heirs of my son Jonathan forever.” The will was admitted to probate on February 16,…

2Cases cited3 opinions

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
  3. Goodwin v. McDonaldMassachusetts Supreme Judicial Court · 1891

3Cited by2 opinions

  1. Gilkie v. MarshMassachusetts Supreme Judicial Court · 1904
  2. Hayes v. HammondMassachusetts Supreme Judicial Court · 1957

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