Hutchinson Others v. Cole.
Supreme Court of Rhode Island
Bill in equity by the remainder-men of a small estate, in Smithfield, late the homestead of William Hutchinson, to set aside, as unauthorized and void, a conveyance of the same in fee to the defendant, by a life-tenant, under a power of sale contained in the will of said William.
Read the full summary
Bill in equity by the remainder-men of a small estate, in Smithfield, late the homestead of William Hutchinson, to set aside, as unauthorized and void, a conveyance of the same in fee to the defendant, by a life-tenant, under a power of sale contained in the will of said William. William Hutchinson, who was the owner of said estate and other property, real and personal, of no great value, made his last will and testament, bearing date January 4, 1850, which was, afterwards, upon his death in 1855,. duly proved and recorded. By this will, after ordering his just debts and funeral expenses to…
1Opinion of the CourtAmes, C. J.
The bill, in substance, alleges two grounds for the relief asked; first, that the* contingency upon which, under the will of her husband, the power of Elizabeth Hutchinson to sell the real estate of which she was constituted tenant for life, never arose; and, secondly, if it did arise, that the conveyance made by her to the defendant, upon the consideration disclosed, was made in fraud of the power.
Upon the first of these grounds, we doubt whether sufficient cause is shown for the interposition of the court. There is certainly room for question upon the evidence, whether, after satisfying the…
2Cited by2 opinions
- Markoff v. United StatesDistrict Court, D. Rhode Island · 1960
- Pyne v. O'DONNELLSupreme Court of Rhode Island · 1950