Hulburt v. Emerson
Massachusetts Supreme Judicial Court
This case was submitted to the opinion of the Court upon an agreed statement of facts, substantially as' follows, viz. The petitioner and the respondents both claim under the will of Thomas Emerson, deceased; the petitioner being the surviving child of the said Thomas, and the respondents the children of John Emerson, who was the son of Thomas. The said will contained the following clauses, viz.
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This case was submitted to the opinion of the Court upon an agreed statement of facts, substantially as' follows, viz. The petitioner and the respondents both claim under the will of Thomas Emerson, deceased; the petitioner being the surviving child of the said Thomas, and the respondents the children of John Emerson, who was the son of Thomas. The said will contained the following clauses, viz. “ I give and bequeath to my son John Emersm all my real estate in lands and buildings wheresoever lying and being, that is not otherwise disposed of in this my will; to be to him, his heirs, executors…
1Opinion of the CourtPutnam, J.
[After stating the devise, and the other facts agreed in the case.] The [ * 243 ] petitioner claims one half of the land described in her * pe tition,- as she is the surviving child of the testator; inasmuch as John Emerson never had a son.
The respondents claim the whole of the land, contending that the devise to John Emerson was of a fee simple conditional; and that he, within the true intent of the will, did perform the condition by *205leaving male issue, viz. grandsons, the sons of his daughter; and so that they, as the heirs and legal representatives of John E., ought to hold the whole, as…
2Cited by14 opinions
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- Dove v. TorrMassachusetts Supreme Judicial Court · 1879
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Moody v. WalkerSupreme Court of Arkansas · 1840
- Denny v. KettellMassachusetts Supreme Judicial Court · 1883
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