Legal Opinion

Paine v. Barnes

Massachusetts Supreme Judicial Court

Decided November 15, 1868PublishedCited by 17 opinions

Bill in equity to enforce the specific performance of a written agreement, by which the plaintiff agreed to mortgage a parcel of land to the defendant, by a good and sufficient deed conditioned to secure the payment of $1500 in three years, and the defendant agreed, on delivery of such deed, to pay the plaintiff $1500. The plaintiff alleged in her bill that she was the widow of Thomas N. Paine, who died seised of the land in question, and by his will gave all his “ real and…

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Bill in equity to enforce the specific performance of a written agreement, by which the plaintiff agreed to mortgage a parcel of land to the defendant, by a good and sufficient deed conditioned to secure the payment of $1500 in three years, and the defendant agreed, on delivery of such deed, to pay the plaintiff $1500. The plaintiff alleged in her bill that she was the widow of Thomas N. Paine, who died seised of the land in question, and by his will gave all his “ real and personal estate ” to his wife, “ for her support and benefit during her natural life; ” and after the decease of his…

1Opinion of the CourtHoar, J.

The title of the plaintiff to the land which she proposes to mortgage in fee is derived from her husband’s will, which devises to her all his real and personal estate “ for her support and benefit during her natural life.” The subsequent clauses of the will dispose of the remainder after the decease of the wife, “ if anything of said estate should remain.”

The court are of opinion that the language of the devise to the wife can only be construed as giving her an estate for life, with a contingent power of disposition of the remainder only in case of its being needed for her support. The fact…

2Cited by17 opinions

  1. Mulvane v. RudeIndiana Supreme Court · 1896
  2. Clark v. MiddlesworthIndiana Supreme Court · 1882
  3. Henderson v. BlackburnIllinois Supreme Court · 1882
  4. Morford v. DieffenbackerMichigan Supreme Court · 1884
  5. Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880

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