Crandall v. Ahern
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on October 7, 1907, for the registration of certain land in Milford. There .was a hearing before Davis, J., who found that the land in question was conveyed in 1873 by one Flagg to Michael H. Ahern in trust, as stated in the opinion; that the trustee died in 1874 leaving his father, David Ahern, as his only heir; that no new trustee ever was appointed; that Ellen Ahern, wife of David, died in 1885, and thereafter David married the respondent…
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Petition, filed in the Land Court on October 7, 1907, for the registration of certain land in Milford. There .was a hearing before Davis, J., who found that the land in question was conveyed in 1873 by one Flagg to Michael H. Ahern in trust, as stated in the opinion; that the trustee died in 1874 leaving his father, David Ahern, as his only heir; that no new trustee ever was appointed; that Ellen Ahern, wife of David, died in 1885, and thereafter David married the respondent Margaret, and died in 1907, leaving her surviving him; that at the time of the filing of the petition there were living…
1Opinion of the CourtLoring, J.
By the terms of the deed under which both plaintiff and defendant claim to be entitled, the trustee was to hold the land in question in trust “ to pay over to David Ahern and Ellen Ahern, wife of David, during their joint lives and then to the survivor, during the life of the survivor, the rents and profits, or at their-allow them to occupy said estate and *79at the decease of the said survivor convey said premises to their heirs at law.”
The respondent’s contention is that the words “ to their heirs at law ” are to be construed “ to the heirs at law of the survivor.” But we see no reason for…
2Cases cited1 opinion
- International Trust Co. v. WilliamsMassachusetts Supreme Judicial Court · 1903
3Cited by3 opinions
- Jenkins v. Packingtown Realty CompanySupreme Court of Arkansas · 1925
- Estey v. GardnerMassachusetts Supreme Judicial Court · 1935
- Hersam v. Ætna Life InsuranceMassachusetts Supreme Judicial Court · 1917