Whipple v. Fairchild
Massachusetts Supreme Judicial Court
Bill in equity, against Silas Fairchild, Gilbert Hawkes,' and Amos F. Breed, to compel the conveyance to the plaintiff of one undivided tenth part of a certain parcel of land in Lynn, called the Merry Place. The defendants Fairchild and Hawkes were defaulted. The defendant Breed filed a plea, setting up title to the land.
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Bill in equity, against Silas Fairchild, Gilbert Hawkes,' and Amos F. Breed, to compel the conveyance to the plaintiff of one undivided tenth part of a certain parcel of land in Lynn, called the Merry Place. The defendants Fairchild and Hawkes were defaulted. The defendant Breed filed a plea, setting up title to the land. Hearing before Morton, C. J., who reported the case for the consideration of the full court, in substance as follows: On April 12,1860, Daniel Fairchild conveyed the Merry Place to Gilbert Hawkes, upon the following trusts: “ 1st. To allow the grantor, the said Fairchild, to…
1Opinion of the CourtMorton, C. J.
The only question presented by this report is whether Silas Fairchild took, under the deed of trust of his father to Hawkes, any estate which was assignable by him during the life of his father.
By this deed, the Merry Place, so called, is conveyed to Hawkes upon the following trusts : 1st. To allow the grantor to occupy the premises and to receive the rents and profits. 2d. To join with the grantor in such conveyance as he should make, if the trustee in his discretion should deem it expedient. 3d. After the death of the said grantor, or at any time before his death, if the said trustee should…
2Cases cited1 opinion
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
3Cited by17 opinions
- Doctor v. . HughesNew York Court of Appeals · 1919
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
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