Legal Opinion

Spooner v. Lovejoy

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 16 opinions

Bill in equity by a vendor to enforce performance of a contract of Joseph Lovejoy and James C. Elms with her for the purchase of real estate in Boston, of which she claimed to be seised in fee simple under a devise in the will of Daniel N. Spooner, her deceased husband, the first three sections of whose will provided for the payment of his debts and gave certain legacies to Ms sisters, and the fourth section was as follows: “ I give, bequeath and devise all the rest, residue…

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Bill in equity by a vendor to enforce performance of a contract of Joseph Lovejoy and James C. Elms with her for the purchase of real estate in Boston, of which she claimed to be seised in fee simple under a devise in the will of Daniel N. Spooner, her deceased husband, the first three sections of whose will provided for the payment of his debts and gave certain legacies to Ms sisters, and the fourth section was as follows: “ I give, bequeath and devise all the rest, residue and remainder of my property and estate, whether real, personal or mixed, to my beloved wife, Elizabeth Elliot Spooner,…

1Opinion of the CourtAmes, J.

The general terms of this bequest import an absolute gift of all the residue of the property, real, personal and mixed, principal and income, to the widow, to her own use, and to be disposed of at her decease according to the terms of her last will. These words were sufficient, if they stood alone, to vest the whole of the residue in her absolutely. Brown v. Wood, 17 Mass. 68. Godfrey v. Humphrey, 18 Pick. 537. The provision, that she might dispose of the property by her last will, would not reduce her estate under the general bequest to a mere life estate. Herbert v. Thomas, 3 Ad. & El. 123.…

2Cases cited4 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Warner v. BatesMassachusetts Supreme Judicial Court · 1867
  3. Godfrey v. HumphreyMassachusetts Supreme Judicial Court · 1836
  4. Willcut v. CalnanMassachusetts Supreme Judicial Court · 1867

3Cited by16 opinions

  1. Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
  2. Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
  3. Knox v. KnoxWisconsin Supreme Court · 1884
  4. Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
  5. Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898

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