Mixter v. Woodcock
Massachusetts Supreme Judicial Court
Writ oe entry, dated December T, 1886, to recover a parcel of land on Fruit Street in Worcester. Plea, nul disseisin. At the trial, in the Superior Court, without a jury, before Aldrieh, J., the following facts appeared.
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Writ oe entry, dated December T, 1886, to recover a parcel of land on Fruit Street in Worcester. Plea, nul disseisin. At the trial, in the Superior Court, without a jury, before Aldrieh, J., the following facts appeared. John E. Luther, who died on June 1, 1856, leaving a wife but no issue, was seised in fee of the demanded premises, and left a will, which, after providing for the appointment of his wife as executrix, and directing her to pay “ out of my estate ” his debts and legacies of three hundred dollars to a brother, and of one dollar each to an uncle and four aunts, proceeded as…
1Opinion of the CourtC. Allen, J.
We cannot find in this will anything sufficient to give more than a life estate in the land to Mrs. Luther. The furniture and wearing apparel were given to her without qualification ; the house and lot, and all the rest and residue of the testator’s estate, real, personal, and mixed, were given to her to have and to hold for and during the term of her natural life. If a life estate to her was intended, the language used is direct, simple, and natural to express that meaning. Any other sense to be put upon the language is conjectural. Nor do we find anything in the other parts of the will to…
2Cases cited1 opinion
- Hill v. DownesMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Langlois v. LangloisMassachusetts Supreme Judicial Court · 1950
- Wilder v. LoehrSupreme Court of Alabama · 1924
- Mixter v. WoodcockMassachusetts Supreme Judicial Court · 1891
- Ketcham v. KetchamNew York Supreme Court · 1893
- Smith v. LedsomeWest Virginia Supreme Court · 1924
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