Ives, Trustee v. Harris
Supreme Court of Rhode Island
This was an amicable bill for the specific performance of a contract of purchase of a lot of land, situated at the southeast corner of Cooke and Manning streets, in Providence: the contract of purchase providing, that a good title- by quitclaim deed should be given to the wife of the purchaser; and that if the title offered was not satisfactory to his counsel, an amicable suit should be instituted to decide upon the same, without expense to the purchaser.
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This was an amicable bill for the specific performance of a contract of purchase of a lot of land, situated at the southeast corner of Cooke and Manning streets, in Providence: the contract of purchase providing, that a good title- by quitclaim deed should be given to the wife of the purchaser; and that if the title offered was not satisfactory to his counsel, an amicable suit should be instituted to decide upon the same, without expense to the purchaser. The title of the plaintiffs, proposed to be given, accrued under the seventh, or residuary clause, of the will of Mrs. Eliza Ward, made on…
1Opinion of the CourtAmes, C. J.
By the will of Mrs. "VYard, as set forth in the bill, her niece, Mrs. Eogers, took an equitable estate in fee simple in all her real estate ; and, according’ to the established rule, this disposition can no farther be affected by the codicil than is absolutely necessary to give it effect. 1 Jarman on Wills, 160-173, and cases cited. The codicil, so far from limiting the estate of the equitable tenant in fee and the powers which such an estate carries with it, after unnecessarily expressing that she should have the full enjoyment of the income, seems to have been designed solely to confer upon…
2Cited by1 opinion
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