O'Rourke v. Beard
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land. Plea, nul disseisin. At the trial in the Superior Court, without a jury, before Aldrich, J., the following facts were agreed. George Woollard died on June 25, 1888, seised of the demanded premises, and leaving a will, containing the following provisions, which alone are material: “ Item II.
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Writ oe entry to recover a parcel of land. Plea, nul disseisin. At the trial in the Superior Court, without a jury, before Aldrich, J., the following facts were agreed. George Woollard died on June 25, 1888, seised of the demanded premises, and leaving a will, containing the following provisions, which alone are material: “ Item II. My entire estate, whether real, personal, or mixed, of which I die possessed, or which I may own at the time of my decease, I will and bequeath to Daniel V. Folts and Julius C. Folts, my trustees hereinafter named, for the benefit of my three children, Margaret…
1Opinion of the CourtHolmes, J.
This is a real action. The demandant claims title under a sale in due form by trustees having an express power to sell under the will of one who died seised of the premises. The only ground on which the validity of the sale is denied is that the trust is invalid. It is enough for us to say that we perceive no ground for doubting that the trust is valid. The trust is of the testator’s “ entire estate, whether real, personal, or mixed, . . . for the benefit of my three children [naming them] or their heirs.” There is no uncertainty, in the sense of Olliffe v. Wells, 130 Mass. 221, cited for the…
2Cases cited2 opinions
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Hall v. HallMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Robertson v. RobertsonMassachusetts Supreme Judicial Court · 1943
- Sanders v. JonesSupreme Court of Missouri · 1941
- New Haven Young Men's Institute v. City of New HavenSupreme Court of Connecticut · 1891
- Holcomb v. PalmerSupreme Judicial Court of Maine · 1909
- Lee v. WelchMassachusetts Supreme Judicial Court · 1894
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