Legal Opinion

Smith v. Snow

Massachusetts Supreme Judicial Court

Decided October 24, 1877PublishedCited by 15 opinions

Writ of ehtry to recover two parcels of land in Edgartown. Plea, nul disseisin. The case was submitted to the Superior Court, and to this court, on appeal, on an agreed statement of facts in substance as follows : The will of Joshua H. Snow, who died seised of the demanded premises, contained the following clauses: “I give to my beloved wife, Lucinda N. Snow, all my estate, both real and personal, that shall remain after the payment of my debts and funeral charges, for her…

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Writ of ehtry to recover two parcels of land in Edgartown. Plea, nul disseisin. The case was submitted to the Superior Court, and to this court, on appeal, on an agreed statement of facts in substance as follows : The will of Joshua H. Snow, who died seised of the demanded premises, contained the following clauses: “I give to my beloved wife, Lucinda N. Snow, all my estate, both real and personal, that shall remain after the payment of my debts and funeral charges, for her comfortable support and maintenance during her life, with full power and authority to dispose of the same as she may find…

1Opinion of the Court

By the Court.

The widow took under the will of her husband only an estate for life with a power to sell; and, that power not having been executed in her lifetime, the devise over to the tenant took effect upon her death. Stevens v. Winship, 1 Pick. 318. Larned v. Bridge, 17 Pick. 339. Judgment affirmed.

2Cited by15 opinions

  1. Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
  2. Chase v. LaddMassachusetts Supreme Judicial Court · 1891
  3. Welsh v. WoodburyMassachusetts Supreme Judicial Court · 1887
  4. Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
  5. Larsen v. JohnsonWisconsin Supreme Court · 1890

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