Goodwin v. McDonald
Massachusetts Supreme Judicial Court
Writ of entry, dated July 19, 1890, to recover an undivided half of a parcel of land in Lawrence. Plea, nul disseisin. At the trial in the Superior Court, without a jury, before Dewey, J., the following facts were not disputed. John Goodwin, who was seised in fee of the entire parcel, died on December 1, 1889, leaving a widow, Sadie Goodwin, and a son, the demandant.
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Writ of entry, dated July 19, 1890, to recover an undivided half of a parcel of land in Lawrence. Plea, nul disseisin. At the trial in the Superior Court, without a jury, before Dewey, J., the following facts were not disputed. John Goodwin, who was seised in fee of the entire parcel, died on December 1, 1889, leaving a widow, Sadie Goodwin, and a son, the demandant. His will, omitting parts merely formal, was as follows : “ I, John Goodwin, being of sound mind and intellect, do give, devise, and bequeath one half of all my property, both real and personal, to my beloved wife, Sadie Goodwin,…
1Opinion of the CourtW. Allen, J.
The words of the will, “give, devise, and bequeath one half of all my property, both real and personal, to my beloved wife, Sadie Goodwin, the remaining half to my dear son, Francis Goodwin,” gave a fee to the wife and son. If there could be any doubt that the subsequent words, “ Should either wife or son die, their share to go to the survivor,” intend a death before the testator, the words which follow, “ Should both die, the property to go to the nearest of kin,” would remove it. The will cannot reasonably be construed to give life estates to the wife and son, with remainder for life to the…
2Cases cited2 opinions
- Crossman v. FieldMassachusetts Supreme Judicial Court · 1875
- Moffat v. CookMassachusetts Supreme Judicial Court · 1890
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