Parker v. Sears
Massachusetts Supreme Judicial Court
Bill in equity by the administrators of the estate of Cyrus Wakefield, for the specific performance of a written agreement, made at a sale by auction by the plaintiffs under a license from the Probate Court, by which the defendant agreed to purchase a parcel of land in Boston, known as the Studio Building estate.
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Bill in equity by the administrators of the estate of Cyrus Wakefield, for the specific performance of a written agreement, made at a sale by auction by the plaintiffs under a license from the Probate Court, by which the defendant agreed to purchase a parcel of land in Boston, known as the Studio Building estate. The answer set up that by the terms of the sale the purchaser was to have until a certain date to examine the title, and that “ if it shall appear that any material act or thing is necessary to be done or performed, in order to perfect the title to said premises, which the seller is…
1Opinion of the CourtWells, J.
We are of opinion that the power of sale, given by Frances G. Fessenden, as contained in the indenture of settlement, was rightfully exercised by the two surviving trustees.
First. It was appendant to the legal estate, which vested in the trustees in strict joint tenancy. Hill on Trustees, 471, 473.
Second. It was given to the trustees as an incident of the trust and a means for its administration according to the purpose of the settler. Richardson v. Morey, 18 Pick. 181, 187. Gibbs v. Marsh, 2 Met. 243. Warden v. Richards, 11 Gray, 277. Treadwell v. Cordis, 5 Gray, 341.
Third. It was conferred…
2Cases cited4 opinions
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- Gould v. MatherMassachusetts Supreme Judicial Court · 1870
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- Savings Bank v. BentonCourt of Appeals of Kentucky · 1859
3Cited by14 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Riggs v. MoiseSupreme Court of Missouri · 1939
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