Wainwright v. Sawyer
Massachusetts Supreme Judicial Court
Writ of ENTRY to recover an undivided eighth part of a parcel of land in Easthampton. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions, in substance as follows.
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Writ of ENTRY to recover an undivided eighth part of a parcel of land in Easthampton. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Aldrich, J., who allowed a bill of exceptions, in substance as follows. The demanded premises were duly attached, on January 28, 1887, as the property of Henry H. Sawyer, in an action brought against him, and, upon an execution duly issued upon a judg - ment afterwards recovered against him, were duly sold and conveyed to the demandant, whose alleged title rested upon such sale only. Henry H. was the son of Edmund H. Sawyer, who died in…
1Opinion of the CourtC. Allen, J.
According to numerous recent decisions, each child of Mr. Sawyer took an interest in his estate, which was alienable before the youngest child became of age. It was not a mere possibility, but a fixed right, to take as purchaser under the devise, which could be defeated only by his death before the time for distribution, or by Mrs. Sawyer’s disposing of the property. Assuming that she had an implied power to sell and use the proceeds, this did not defeat the alienability of the son’s interest. The alienation, of course, would be subject to all contingencies. See Welsh v. Woodbury, 144 Mass.…
2Cases cited5 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
- Bridge v. WellingtonMassachusetts Supreme Judicial Court · 1804
- Dodd v. WinshipMassachusetts Supreme Judicial Court · 1887
- Whipple v. FairchildMassachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Security Bank of New York v. CallahanMassachusetts Supreme Judicial Court · 1915
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Butterfield v. ReedMassachusetts Supreme Judicial Court · 1894
- Huntress v. AllenMassachusetts Supreme Judicial Court · 1907
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