Breed v. Osborne
Massachusetts Supreme Judicial Court
Writ of entry in which the demandant claimed to recover an estate in fee in the parcel of land described in the writ. The plea was nul disseisin.
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Writ of entry in which the demandant claimed to recover an estate in fee in the parcel of land described in the writ. The plea was nul disseisin. In the Superior Court the case was submitted upon an agreed statement of facts, from which it appeared that July 12, 1837, Benjamin Shillaber conveyed the land to Henry A. Breed, the demandant, and Catharine H. Breed, his wife, by a deed in which it was expressed that, in consideration of five dollars to him paid “by Henry A. Breed and Catharine H. Breed in her right,” he granted “ unto the said Henry A. and Catharine H. Breed, their heirs and…
1Opinion of the CourtWells, J.
By the grant in this deed a fee was conveyed to Henry A. Breed and Catharine H. Breed. Being husband and wife, if there were nothing else in the deed to control or modify its operation, the estate would vest in them as joint tenants, and the inheritance would be limited to the heirs and assigns of the survivor.
But the recital of the consideration imports an investment of her estate ; and the habendum declares that the estate purchased is to be held by them as her estate, that is, “ in her right,” with limitation over to “ her heirs and assigns.”
This manifest intent of the parties should be…
2Cases cited1 opinion
- Chenery v. StevensMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
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- Goodman v. TellerMassachusetts Supreme Judicial Court · 1918