Wells v. Heath
Massachusetts Supreme Judicial Court
Writs of entry to recover parts of a farm in Topsfield, of which Daniel Bixby died seised in 1825. The first demandant was an heir at law of said Daniel; and the second, an heir at law of Ruth Bixby, his widow and residuary legatee.
Read the full summary
Writs of entry to recover parts of a farm in Topsfield, of which Daniel Bixby died seised in 1825. The first demandant was an heir at law of said Daniel; and the second, an heir at law of Ruth Bixby, his widow and residuary legatee. By his will, made in 1811, he devised the farm in question to his said widow for life, and, after her, to his nephew Daniel Towne for life, and then as follows: “ I give and devise to the selectmen of the town of Topsfield aforesaid, and their successors in office forever, all my farm, situate in Topsfield aforesaid and in Boxford in said county, after payment of…
1Opinion of the CourtMerrick, J.
The premises demanded in these suits constitute the farm formerly owned by Daniel Bixby. By his will he devised 'the same, subject to the life estates of his wife and nephew, and also to certain specified directions and restrictions, to the selectmen of the town of Topsfield, on the special trust and confidence that they should yearly and every year appropriate and pay all the rents, income and profits of the farm for the support of a gospel minister or ministers in that town of the Congregational denomination. The demandant Wells is one of the heirs at law of the testator, and claims to be…
2Cases cited3 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Inhabitants of the First Parish v. DunningMassachusetts Supreme Judicial Court · 1811
- Austin v. ThomasMassachusetts Supreme Judicial Court · 1817