Melcher v. Chase
Massachusetts Supreme Judicial Court
Bill in equity by William Melcher and William W. Johnson, executors of the will of John Chase, praying for instructions as to the construction of the will.
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Bill in equity by William Melcher and William W. Johnson, executors of the will of John Chase, praying for instructions as to the construction of the will. The case, which was referred to a master, and reserved on his report and the pleadings, by the chief justice, for the consideration of the full court, was substantially as follows: The testator made his will March 1, 1864, containing these provisions: “ I give to my wife Nancy, the use, occupancy and income of all the real estate I shall die seised and possessed of, including all the live stock, farming implements, carriages, household…
1Opinion of the CourtGray, J.
The court is of opinion that the terms of the devise to John Chase, Jr., as applied to the facts reported by the master, manifest the testator’s intention to include therein not merely his mansion-house lot in the strictest sense, with the small amount of mowing, tillage and pasture land connected with it, but also the two cottage lots adjoining, originally not divided from it by fence or otherwise, one of which was usually occupied by his manservant, and the other occupied to the time of his death by his sister and her husband, for whom the testator had built the house thereon, and with…
2Cited by6 opinions
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- Fontaine v. AmelotteMassachusetts Land Court · 1907
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