Rich v. Rich
Massachusetts Supreme Judicial Court
Contract for money bad and received, brought by the children and sole heirs of Atkins S. Rich, against the defendant as administrator of the estate of Thankful B. Rich, deceased. It was agreed that no objection should be taken by the defendant for any misjoinder of plaintiffs.
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Contract for money bad and received, brought by the children and sole heirs of Atkins S. Rich, against the defendant as administrator of the estate of Thankful B. Rich, deceased. It was agreed that no objection should be taken by the defendant for any misjoinder of plaintiffs. At the trial in the Superior Court before Pitman, J., the plaintiffs offered evidence to show that they were the children of Atkins S. Rich, late of Truro, who died in 1846, leaving as his widow, Thankful B. Rich ; that he left a will, of which she was executrix, containing the following provision: “ I give to my…
1Opinion of the CourtGray, C. J.
The widow of Atkins S. Rich took by his will a life estate only, with a power of sale, in a certain contingency, which was never executed. The reversion, not being devised by his will, vested in his heirs, subject to the contingency of the exercise of that power by the widow, or of a sale by his executor for the payment of debts. It does not appear that he left any debts, and no question of the mode of enforcing the rights of creditors arises in this case, or could affect the rights of these plaintiffs as against the widow or her administrator under the contract made by them with her. The…
2Cited by6 opinions
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- Olmstead v. AlbersHamilton County Court · 1916
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