Burbank v. Sweeney
Massachusetts Supreme Judicial Court
Writ op entry, dated January 21, 1893, to recover a parcel of land in Natick. Plea, nul disseisin. The case was submitted to the Superior Court, and after judgment for the demandants, to this court, on appeal, on agreed facts, the material portions of which appear in the opinion. The case was argued at the bar in January, 1894, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtBarker, J.
The testator first gave all his estate to his wife for life, and then proceeded to deal with the remainder after her death by giving to a nephew one piece of land and two thousand dollars, to another nephew another piece of land, and to an academy three thousand dollars, the income of which is “ to be appropriated to aid some religious young man or men of promise in their preparation for college.” The will concluded with this provision: “ Item 4th. The remainder of my estate I leave for my wife to dispose of as she may deem expedient, but in the event that she should make no disposition of…
2Cases cited2 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Perry v. CrossMassachusetts Supreme Judicial Court · 1882
3Cited by19 opinions
- Boyden v. StevensMassachusetts Supreme Judicial Court · 1934
- Ford v. TicknorMassachusetts Supreme Judicial Court · 1897
- Loosing v. LoosingNebraska Supreme Court · 1909
- Kemp v. KempMassachusetts Supreme Judicial Court · 1916
- Homans v. FosterMassachusetts Supreme Judicial Court · 1919
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