Crossman v. Field
Massachusetts Supreme Judicial Court
Petition for partition, filed December 18, 1874, by the heirs of Ebenezer Crossman, of a parcel of land in Taunton, alleging that they were tenants in common with the respondents, Edward H. Field and Henry Field, Jr. Trial in the Superior Court, before Wilkinson, J., who, after verdict, reported the case for the determination of this court in substance as follows: It was admitted that the title to the land was in Mercy Cross-man at the time of her death in 1834. The material…
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Petition for partition, filed December 18, 1874, by the heirs of Ebenezer Crossman, of a parcel of land in Taunton, alleging that they were tenants in common with the respondents, Edward H. Field and Henry Field, Jr. Trial in the Superior Court, before Wilkinson, J., who, after verdict, reported the case for the determination of this court in substance as follows: It was admitted that the title to the land was in Mercy Cross-man at the time of her death in 1834. The material parts of her will, which was dated September 2, 1834, and admitted to probate on November 7 of the same year, were as…
1Opinion of the CourtGray, C. J.
The intention of the testatrix to give an estate in fee to her niece is manifested in several ways :
1st. By the use of the words “ all my property, both real and personal, of whatsoever name or kind,” which, in a will, ordinarily pass a fee. Godfrey v. Humphrey, 18 Pick. 537. Leland v. Adams, 9 Gray, 171. Lincoln v. Lincoln, 107 Mass. 590.
2d. By the addition of the words “ except what shall be disposed of hereafter,” which confirm the presumption that the testatrix did not intend to die intestate as to any part of her estate. Tracy v. Kilborn, 3 Cush. 557. Gleason v. Fayerweather, 4 Gray, 348.
2Cases cited4 opinions
- Godfrey v. HumphreyMassachusetts Supreme Judicial Court · 1836
- Brightman v. BrightmanMassachusetts Supreme Judicial Court · 1868
- Lincoln v. LincolnMassachusetts Supreme Judicial Court · 1871
- Kimball v. TiltonMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Armistead's Ex'ors v. HarttSupreme Court of Virginia · 1899
- Robinson v. RandolphSupreme Court of Florida · 1885
- Gilkie v. MarshMassachusetts Supreme Judicial Court · 1904
- Goodwin v. McDonaldMassachusetts Supreme Judicial Court · 1891
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