Godfrey v. Humphrey
Massachusetts Supreme Judicial Court
Writ of entry. Trial before Putnam J. The demandants claimed as heirs of their grandfather, Zachariah M. Thayer, who died seised of the demanded premises in May, 180b.
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Writ of entry. Trial before Putnam J. The demandants claimed as heirs of their grandfather, Zachariah M. Thayer, who died seised of the demanded premises in May, 180b. The tenant claimed under Thayer’s will, dated May 8th, 1808, which, after providing for the payment of his debts out of his personal estate, and giving five dollars to each of his daughters, and a specific legacy to a niece, proceeded as follows ::—“ I do give and bequeath to my wife Sarah Thayer, all my real and personal estate of every description, she paying my just debts and legacies.” The testator also appointed his wife…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. The single question in this case is, whether the devise of the testator, Z. M. Thayer, to his wife, gave her an estate in fee simple, or an estate for life only, in the premises in controversy.
It is scarcely necessary now to repeat the familiar rule of law, that in a will, the word “heirs,” or other express words of inheritance, are not necessary to create an estate of inheritance in the devisee ; but if by the terms of the devise, expounded with reference to all the. other provisions in the will, it appears affirmatively, that it was the intent of…
2Cited by27 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Sears v. DixonCalifornia Supreme Court · 1867
- Moseley v. BogySupreme Court of Missouri · 1917
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