Barrett v. Marsh
Massachusetts Supreme Judicial Court
Bill IH equity, filed July 19,1878, for specific performance of an agreement, signed by the plaintiff and the defendant, whereby the plaintiff agreed to sell and the defendant to buy an undivided half part of a certain parcel of land in that part of Boston formerly Brighton, containing about 25,000 square feet, the land to be conveyed in fee, free from all incumbrances, by a warranty deed, for the sum of $4000, of which $1000 was to be paid in cash, and for the remainder the…
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Bill IH equity, filed July 19,1878, for specific performance of an agreement, signed by the plaintiff and the defendant, whereby the plaintiff agreed to sell and the defendant to buy an undivided half part of a certain parcel of land in that part of Boston formerly Brighton, containing about 25,000 square feet, the land to be conveyed in fee, free from all incumbrances, by a warranty deed, for the sum of $4000, of which $1000 was to be paid in cash, and for the remainder the defendant was to give her promissory note, payable in three years, and secured by a mortgage on the land. The bill…
1Opinion of the CourtAmes, J.
It is easy to see that the will of Charles Barrett, upon which the rights of these parties depend, was not the work of an accomplished conveyancer. To some portions of it, it is not easy to attach any definite meaning. But the intent of the testator, as gathered from the will taken as a whole, furnishes the true rule for its construction. Gifford v. Choate, 100 Mass. 343. However awkwardly expressed, we think that intent is sufficiently certain to he carried into effect.
The first clause in the will contains a devise of “the house situated in Brighton” to Abby B. Barrett, and this devise is…
2Cases cited4 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Sears v. CunninghamMassachusetts Supreme Judicial Court · 1877
- Ladd v. WhitneyMassachusetts Supreme Judicial Court · 1875
3Cited by20 opinions
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Bramley v. WhiteMassachusetts Supreme Judicial Court · 1933
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Mills v. BlakelinMassachusetts Supreme Judicial Court · 1940
- Poor v. BradburyMassachusetts Supreme Judicial Court · 1907
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