Whitney v. Whitney
Massachusetts Supreme Judicial Court
In this action, which was assumpsit for the use and occupation of certain real estate, the parties agreed that Samuel Whitney, grandfather of the plaintiff, died on the 1st of July, 1808, having before made his last will, after his death duly approved and allowed, in which will he devised and bequeathed to his wife, Abigail Whitney, the use, occupation, improvement, and income, of all his estate, real and personal, so long as she should, live and remain his widow, except the…
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In this action, which was assumpsit for the use and occupation of certain real estate, the parties agreed that Samuel Whitney, grandfather of the plaintiff, died on the 1st of July, 1808, having before made his last will, after his death duly approved and allowed, in which will he devised and bequeathed to his wife, Abigail Whitney, the use, occupation, improvement, and income, of all his estate, real and personal, so long as she should, live and remain his widow, except the bequests thereinafter mentioned; she to pay any debts he might owe at his decease, and to support and maintain the…
1Opinion of the CourtWilde, J.
On the statement of facts in this case, it has been argued by the counsel for the defendant, that, by the will of Samuel Whitney, his widow took an estate for life, determinable on her second marriage, and his heirs a * remainder in fee, which not depending on a contingency, vested in them at his death; and that Joseph Whitney's share thereof is assets in the hands of his administrator.
On the other hand, it has been argued for the plaintiff, that the devise over to the heirs is void; and that the share of the estate in controversy descended to the plaintiff, at the death of the widow, as heir…
2Cited by27 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Cook v. HammondU.S. Circuit Court for the District of Massachusetts · 1827
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