Packard v. Old Colony Railroad
Massachusetts Supreme Judicial Court
Petition to the Superior Court, by Franklin A. Packard, Lilian F. Packard, and Frances B. Packard, for a jury to assess the damages caused by the taking by the respondent of the petitioners’ land in Brockton, and also the damages alleged to have been caused by such taking to the petitioners’ adjoining land. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows.
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Petition to the Superior Court, by Franklin A. Packard, Lilian F. Packard, and Frances B. Packard, for a jury to assess the damages caused by the taking by the respondent of the petitioners’ land in Brockton, and also the damages alleged to have been caused by such taking to the petitioners’ adjoining land. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows. It appeared that the land taken, together with the land adjoining it, was owned in fee by Charles Packard prior to December 20,1848, and formed a part of his…
1Opinion of the CourtAllen, J.
The petitioners contend that the deed by their ancestor was governed by the statute of uses, and that there was no legally existing cemetery corporation, and therefore the *96deed was ineffectual for want of an existing cestui que use; or, if otherwise, that at any rate it conveyed no more than a life estate, leaving a reversion in the grantor’s heirs.
The deed on its face shows a clear intention that the estate granted should not be limited to the lives of the three persons named as grantees. The purpose was that the land granted should be used for burial purposes by the corporation called the “…
2Cases cited14 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Stanley v. ColtSupreme Court of the United States · 1867
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Bond v. MullinsCourt of Appeals of Kentucky · 1860
- Briggs v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Dyer v. SianoMassachusetts Supreme Judicial Court · 1937
- Rugo v. RugoMassachusetts Supreme Judicial Court · 1950
- Simonds v. SimondsMassachusetts Supreme Judicial Court · 1908
15 more not listed; retrieve them via the Exa API.