Ballard v. Ballard
Massachusetts Supreme Judicial Court
Assümpsit to recover certain rents, incomes and profits, received by the defendant. The parties stated a case. On March 15th, 1819, John Ballard, the elder, made his will, containing the following devises : “ I give to my sons, John Ballard [the defendant] and Joseph Ballard, and my daughter, Sally Carter, for the term of ten years after my decease, the improvement and income of my tavern farm, so called, in Saugus aforesaid, bounded as.set forth in the deeds of James…
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Assümpsit to recover certain rents, incomes and profits, received by the defendant. The parties stated a case. On March 15th, 1819, John Ballard, the elder, made his will, containing the following devises : “ I give to my sons, John Ballard [the defendant] and Joseph Ballard, and my daughter, Sally Carter, for the term of ten years after my decease, the improvement and income of my tavern farm, so called, in Saugus aforesaid, bounded as.set forth in the deeds of James Robertson and others to me, as will appear on record ; also, for the like term often years after my decease, the improvement…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The first question which arises in this cáse is, whether the devise to those grandchildren, who died in the lifetime of the testator, lapsed and became wholly inoperative and void, or whether *43they took any interest under the will, which could pass to their heirs ; and the Court are of opinion, that those devises lapsed and became wholly void.
There is no doubt of the general rule, that all devises shall -be deemed lapsed, if the devisee dies in the lifetime of the testator. An exception to this rule of law is created by St. 1783, c. 24, § 8. But…
2Cases cited2 opinions
- Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809
- Fisher v. HillMassachusetts Supreme Judicial Court · 1810