Bamforth v. Bamforth
Massachusetts Supreme Judicial Court
Petition under the St. of 1868, c. 287, for a decree for a sale of land, on the ground that it was incumbered by contingent remainders.
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Petition under the St. of 1868, c. 287, for a decree for a sale of land, on the ground that it was incumbered by contingent remainders. At the hearing,-before Colt, J., it appeared that Otis C. Bamforth died seised of the land in question, and that his will contained the following clauses: “ I give and bequeath to my parents, Samuel Bamforth and Betty Bamforth, the use and improvement of all my estate, both real and personal, of which I may be possessed at the time of my decease, and so much of the estate itself as may be necessary for their comfortable support so long as either of them shall…
1Opinion of the CourtGray, C. J.
The legal effect of the testator’s dispositions of his real estate is as follows : He first gives his parents an estate for life. He also gives them “ so much of the estate itself as may be necessary for their comfortable support so long as either of them shall live,” thereby giving them a power to dispose of so much of the fee as may be necessary for that purpose; and, whether their determination upon such question of necessity is or is not conclusive, no trust is created in them or in the executor. Minot v. Prescott, 14 Mass. 496. Stevens v. Winship, 1 Pick. 318. Larned v. Bridge, 17 Pick.…
2Cases cited6 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Whitcomb v. TaylorMassachusetts Supreme Judicial Court · 1877
- Dodge v. MooreMassachusetts Supreme Judicial Court · 1868
- Willis v. ValletteCourt of Appeals of Kentucky · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Callnon v. WinrottCalifornia Supreme Court · 1969
14 more not listed; retrieve them via the Exa API.