Moffat v. Cook
Massachusetts Supreme Judicial Court
Bill in equity, filed February 18,1889, for the specific performance by the defendant of an agreement to purchase land from the plaintiff. The case was heard by Knowlton, J., and was as follows.
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Bill in equity, filed February 18,1889, for the specific performance by the defendant of an agreement to purchase land from the plaintiff. The case was heard by Knowlton, J., and was as follows. The plaintiff’s title to the land in question was derived from his deceased wife, whose will, admitted to probate on July 18, 1887, contained the following: “ After the payment of my just debts and funeral charges, I bequeath and devise as follows: To my husband, Richardson Moffat, everything of whatever nature that has any value which I now or may hereafter possess, with this understanding, that he…
1Opinion of the Court
0. Allen, J.
The devise to the husband, taken by itself
alone, would clearly convey a fee to him, perhaps subject, however, to a charge for the payment of the sums which he is to pay. The next series of bequests, “In the event of my husband’s death,” means that those bequests are to take effect in the event of his death before hers. There is nothing to show that she meant to cut down to a life estate the previous devise to him for his own use and disposal. Briggs v. Shaw, 9 Allen, 516.
No question is presented to us as to whether the land is charged with the payment of the sums which he is to…
2Cited by1 opinion
- Goodwin v. McDonaldMassachusetts Supreme Judicial Court · 1891