Damrell v. Hartt
Massachusetts Supreme Judicial Court
Appeal from, a decree of the Probate Court, appointing the appellee trustee under the eighth clause of the will of John Bacon, which was as follows : “ I give, devise, and bequeath one undivided half of all the real property that I may leave, not herein otherwise disposed of, to my beloved son, John, to have and to hold the same to him, his heirs and assigns forever; and if he shall die not having disposed of the same by sale or by will, and leaving no issue living at the…
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Appeal from, a decree of the Probate Court, appointing the appellee trustee under the eighth clause of the will of John Bacon, which was as follows : “ I give, devise, and bequeath one undivided half of all the real property that I may leave, not herein otherwise disposed of, to my beloved son, John, to have and to hold the same to him, his heirs and assigns forever; and if he shall die not having disposed of the same by sale or by will, and leaving no issue living at the time of his death, then I give, devise, and bequeath the same to my dear daughter Ann Elizabeth, to have and to hold the…
1Opinion of the CourtHolmes, J.
The testator’s son John took a fee by the express terms of the eighth clause of the will, “to him, his heirs and assigns forever.” The power to dispose of the land by sale or will, which he is assumed to possess by the limitation over, “ if he shall die not having disposed of the same by sale or by will, and leaving no issue living at the time of his death,” is obviously assumed to be incident to the estate devised, and not a power superadded by those words to an estate for life insufficient of itself to carry such a power. We cannot cut down the intention clearly manifested in the limitation…
2Cases cited1 opinion
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
3Cited by17 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Williams v. WilliamsCalifornia Supreme Court · 1887
- Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
- Mills v. BlakelinMassachusetts Supreme Judicial Court · 1940
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