Hoxie v. Finney
Massachusetts Supreme Judicial Court
Two writs OR ENTRY, by heirs at law of Timothy Manter, to recover parcels of land in Plymouth, sold and conveyed to the tenants, under a power contained in his will, by Susan Manter, his wife, by deeds which reserved to her “ a life estate in the premises.”
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Two writs OR ENTRY, by heirs at law of Timothy Manter, to recover parcels of land in Plymouth, sold and conveyed to the tenants, under a power contained in his will, by Susan Manter, his wife, by deeds which reserved to her “ a life estate in the premises.” The cases were tried together in the Superior Court, without a jury, before Thompson, J., who ruled, as matter of law, that Susan Manter did not have the right to sell the reversion and retain a life estate in the demanded premises, and that the deeds were invalid; and found for the demandants; and the tenants alleged exceptions. The…
1Opinion of the CourtKnowlton, J.
The second clause of the will of Timothy Manter is in these words: “ Meaning and intending to make honorable and liberal provision for my wife, Susan Manter, during her natural life, out' of my estate, I do give and bequeath to her the use a.nd improvement of my whole estate, both real and personal, of which I may die seised and possessed, with liberty to use and appropriate so much of the principal, in addition to the income, as she may deem necessary for her comfort and support; and I do authorize and empower her to sell and dis*617pose of the whole or any part of my real and personal estate at…
2Cases cited1 opinion
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
3Cited by17 opinions
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- First Nat. Bank of Birmingham v. SneadCourt of Appeals for the Fifth Circuit · 1928
- Kemp v. KempMassachusetts Supreme Judicial Court · 1916
- Alford v. ThibaultMassachusetts Appeals Court · 2013
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