Bowditch v. Jordan
Massachusetts Supreme Judicial Court
Bill in equity, filed December 20,1880, by the trustee under the will of Benjamin Dearborn, deceased; the Boston Dispensary, a corporation duly established under the laws of this Commonwealth ; and Hannah Nye Dearborn, widow; against Eben D. Jordan and Charles Marsh, copartners under the firm name of Jordan, Marsh & Company, to compel the specific performance of an agreement to purchase a certain parcel of land, with the dwelling-house thereon, situated on Avon Street in…
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Bill in equity, filed December 20,1880, by the trustee under the will of Benjamin Dearborn, deceased; the Boston Dispensary, a corporation duly established under the laws of this Commonwealth ; and Hannah Nye Dearborn, widow; against Eben D. Jordan and Charles Marsh, copartners under the firm name of Jordan, Marsh & Company, to compel the specific performance of an agreement to purchase a certain parcel of land, with the dwelling-house thereon, situated on Avon Street in Boston. Hearing before Morton, J., who reserved the case for the consideration of the full court. The facts appear in the…
1Opinion of the CourtMobton, J.
In the marriage settlement between Benjamin Dearborn, his intended wife Hannah, and Benjamin Bangs as trustee, dated February 18, 1830, the said Dearborn covenants that he will stand seised of one undivided third part of all the lands of which he was then seised and possessed, “to the uses and intents hereinafter by these presents expressed, limited and declared, and to none other; namely, to the sole use and behoof of said Dearborn during his natural life; and after his marriage with said Hannah and after his decease, to the sole use and behoof of said Hannah during her natural life, for her…
2Cited by5 opinions
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