Seaver v. Fitzgerald
Massachusetts Supreme Judicial Court
Writ of entry, dated July 31, 1884, to recover a parcel of land in Lawrence. Plea, nul disseisin. Trial in the Superior Court, before Q-ardner, J., who reported the case for the determination of this court, in substance as follows; The demandant claims title to the premises by descent, as next of kin and heir at law of Annie J. Rafferty. One Hugh Rafferty, at the time of his death in 1873, was seised in fee simple and possessed of said premises.
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Writ of entry, dated July 31, 1884, to recover a parcel of land in Lawrence. Plea, nul disseisin. Trial in the Superior Court, before Q-ardner, J., who reported the case for the determination of this court, in substance as follows; The demandant claims title to the premises by descent, as next of kin and heir at law of Annie J. Rafferty. One Hugh Rafferty, at the time of his death in 1873, was seised in fee simple and possessed of said premises. He left a will, which was duly proved and allowed, the material part of which is as follows: “ Item 12th. I give, bequeath, and devise all the…
1Opinion of the CourtO. Allen, J.
There is no objection, on the ground of remoteness, to a gift to unborn children for life, and then to an ascertained person, provided the vesting of the estate in the latter is not postponed too long. Loring v. Blake, 98 Mass. 253. Evans v. Walker, 3 Ch. D. 211. In re Roberts, 19 Ch. D. 520. Lewis on Perp. 417, 511. In all the cases cited by the demandant’s counsel, the gift over was to persons who might not be ascertainable with certainty within the allowed time. But the present case is not of that class. There was no contingency or uncertainty as to who should finally take. The estate or…
2Cases cited1 opinion
- Loring v. BlakeMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Whitman's EstateSupreme Court of Pennsylvania · 1915
- Story Ex Rel. Story v. First National Bank & Trust Co.Supreme Court of Florida · 1934
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
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