Burroughs v. Cutter
Supreme Judicial Court of Maine
On report. Judgment for plaintiff in action at law. Real action against a purchaser from the guardian of Marie J. Purington, to recover a lot of land claimed to have been conditionally devised to the demandant, one of the legatees, by the second item of the will of Helen J. Purington, deceased; and bill in equity against Selina Purington, Admr., Solomon Haskell, and Albert H. Burroughs, asking for a construction of the will.
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On report. Judgment for plaintiff in action at law. Real action against a purchaser from the guardian of Marie J. Purington, to recover a lot of land claimed to have been conditionally devised to the demandant, one of the legatees, by the second item of the will of Helen J. Purington, deceased; and bill in equity against Selina Purington, Admr., Solomon Haskell, and Albert H. Burroughs, asking for a construction of the will. The prayer of the bill was as follows:— “Wherefore to save a multiplicity of suits, your orator prays that the court will construe the provisions of said will, and will…
1Opinion of the CourtEmery, J.
The first case is an action at law, a writ' of entry, to recover possession of a parcel of land in Westbrook. The second case is a bill in equity to determine the construction of the will of Helen J. Purington deceased. .We will first consider the- former case, the action at law.
I. The plaintiff shows title as devisee under the will of Helen J. Purington deceased, by the first and second clauses of which the demanded land was devised to Marie J. Purington, her heirs and assigns forever, provided she reached the age -of twenty-one years or left issue, and in case she died without issue before…
2Cases cited1 opinion
- Ballen v. FarnsworthTennessee Supreme Court · 1851
3Cited by2 opinions
- Louisville N. R. Co. v. PowersCourt of Appeals of Kentucky (pre-1976) · 1937
- Moor v. Texas & N. O. R. Co.Court of Appeals for the Fifth Circuit · 1935