Kent v. Morrison
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to secure the discharge of certain mortgages alleged to be a cloud upon the plaintiff’s title. Hearing before Dewey, J., who dismissed the bill, and reported the case for the determination of this court, in substance as follows. Joshua C. Kent died on July 10, 1872, leaving a will, which, with the exception of parts merely formal, was as follows: “ Second.
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Bill in equity, filed in the Superior Court, to secure the discharge of certain mortgages alleged to be a cloud upon the plaintiff’s title. Hearing before Dewey, J., who dismissed the bill, and reported the case for the determination of this court, in substance as follows. Joshua C. Kent died on July 10, 1872, leaving a will, which, with the exception of parts merely formal, was as follows: “ Second. I give, devise, and bequeath to my beloved wife, Mehitable Kent, all the estate, both real and personal, that I die seised and possessed of, giving her full power to sell and convey the same by…
1Opinion of the CourtField, C. J.
The general principle applicable to this class of cases is, that, when it appears that the testator intended to give to the devisee absolutely a fee simple in real property, the *139testator cannot attach to it a quality or condition which in law is inconsistent with such an estate. The testator cannot say that, although the devisee shall hold the property absolutely in fee simple after it has vested in him, yet if he does not convey it in his lifetime, or devise it by will, it shall not descend as his property, but shall be considered as the property of the testator, and shall pass as a part of…
2Cases cited5 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
- Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
- Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
- Damrell v. HarttMassachusetts Supreme Judicial Court · 1884
3Cited by68 opinions
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Mansfield v. SheltonSupreme Court of Connecticut · 1896
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
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