Lavery v. Egan
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Boston. Plea, nul disseisin, with a disclaimer of title to three undivided fourth parts of the demanded premises.
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Writ of entry to recover a parcel of land in Boston. Plea, nul disseisin, with a disclaimer of title to three undivided fourth parts of the demanded premises. The case was submitted to the Superior Court, and, after judgment for the demandants, to this court, on appeal, upon agreed facts, in substance as follows: Ann Lavery, of Boston, died testate on August 19, 1867. Her will, dated August 14, 1867, was duly proved and allowed in the Probate Court on September 30, 1867; and the seventh clause of it was as follows: “ I give, devise, and bequeath to my said four grandchildren, Susan M. Lavery,…
1Opinion of the CourtField, J.
By the seventh clause of the will, as we construe it, the four grandchildren took, as tenants in common, life estates in the real property of the testatrix, with contingent remainders to their heirs. Pub. Sts. o. 126, §§ 4,5. Gen. Sts. c. 89, §§ 12,13. Putnam v. Gleason, 99 Mass. 454. On the decease of Susan M. Lavery, one undivided quarter of the real property vested by the will in the persons who were then her heirs. These heirs do not take by descent from Susan, but under the will,- as the persons designated to take on the termination of her life estate, and the remainder is contingent,…
2Cases cited4 opinions
- Sweet v. DuttonMassachusetts Supreme Judicial Court · 1872
- Minot v. HarrisMassachusetts Supreme Judicial Court · 1882
- Putnam v. GleasonMassachusetts Supreme Judicial Court · 1868
- Cole v. Inhabitants of EasthamMassachusetts Supreme Judicial Court · 1878
3Cited by42 opinions
- Minot v. WinthropMassachusetts Supreme Judicial Court · 1894
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
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