Parker v. Iasigi
Massachusetts Supreme Judicial Court
The eirst case was a writ oí entry, dated March 17,1884, and brought by Francis E. Parker and Joseph A. Iasigi, as trustees under the will of Joseph Iasigi, to recover one undivided tenth part of a parcel of land on the northwesterly corner of Mount Vernon Street and Joy Street in Boston. Plea, nul disseisin.
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The eirst case was a writ oí entry, dated March 17,1884, and brought by Francis E. Parker and Joseph A. Iasigi, as trustees under the will of Joseph Iasigi, to recover one undivided tenth part of a parcel of land on the northwesterly corner of Mount Vernon Street and Joy Street in Boston. Plea, nul disseisin. The case was submitted to the full court on agreed facts, in substance as follows: Joseph Iasigi died on May 22,1877, seised in fee of the land in question, which is that specified in the third article of his will, hereinafter set forth. His will, which was duly admitted to probate,…
1Opinion of the CourtC. Allen, J.
The true construction of this will is certainly very obscure, and we cannot be certain that we arrive at the actual intention of the testator, in respect to the questions which *422have been submitted to us. But the conclusion to which we have come is, that the trust estate under the will did not include the houses and real estate owned by the testator, and that these actions cannot be maintained.
In the first place, it is conceded that the third article of the will contains language which, taken alone, sustains the claim of the tenants. In that article, the testator gave, devised, and bequeathed…
2Cited by5 opinions
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Iasigi v. IasigiMassachusetts Supreme Judicial Court · 1894
- Iasigi v. ShawMassachusetts Supreme Judicial Court · 1897
- Roth v. NewpolMassachusetts Appeals Court · 2017
- United States v. John II Estate, Ltd.District Court, D. Hawaii · 1910