Thomson v. Ludington
Massachusetts Supreme Judicial Court
Contract against Julia, widow of Corbet Ludington, and George C., Lucy M., Francis H. and Caroline E. Ludington, their children, on the defendants’ covenant of warranty of title and against incumbrances in their deed dated May 25, 1869, of a parcel of real estate in Boston to the plaintiff.
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Contract against Julia, widow of Corbet Ludington, and George C., Lucy M., Francis H. and Caroline E. Ludington, their children, on the defendants’ covenant of warranty of title and against incumbrances in their deed dated May 25, 1869, of a parcel of real estate in Boston to the plaintiff. Writ dated December 21,1869. The case was submitted to the judgment of the court on the following statement: “ It is agreed that Corbet Ludington was seised in fee of the premises and died in 1852, leaving a will, duly proved, in which are the following provisions: ‘ I give, devise and bequeath to my…
1Opinion of the CourtGray, J.
The devise at the death or marriage of the widow “to and among such of my children as shall then be living, share and share alike,” gives a contingent remainder to such of the children as shall be living when the contingency of such death or marriage happens. Olney v. Hull, 21 Pick. 311. In the next clause, the testator gives the names of “ my said children,” that is, of all those already described as “ my children ; ” for he could not foretell which of them would be living at a future time; and this clause does not extend the effect of the previous one, by which such of them only as shall be…
2Cited by34 opinions
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- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Dove v. TorrMassachusetts Supreme Judicial Court · 1879
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
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