Hale v. Marsh
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of a contract for the purchase of a lot of land in Boston, made by the defendant with the plaintiff. The plaintiff was the widow of Enoch Hale, who had died seised of the land. The plaintiff had tendered a deed of the land to the defendant, and the only question was whether she had power under the will of her husband to convey the land in fee. The provisions of the will are sufficiently set forth in the opinion.
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Bill in equity for the specific performance of a contract for the purchase of a lot of land in Boston, made by the defendant with the plaintiff. The plaintiff was the widow of Enoch Hale, who had died seised of the land. The plaintiff had tendered a deed of the land to the defendant, and the only question was whether she had power under the will of her husband to convey the land in fee. The provisions of the will are sufficiently set forth in the opinion. The case was reserved, by Colt, J., on the bill and answer, for the determination of the full court.
1Opinion of the CourtFoster, J.
The will of Enoch Hale, subject to a charge foi the payment of his debts, gives, devises and bequeaths to his wife Jane all his property and estate, both real and personal, “ freely to be possessed, used and enjoyed by her for and during the period of her natural life; with full and absolute power and authority to sell and dispose of the whole or any part or portion of the same, whether real or personal, at her own pleasure, and to manage, use and improve the same according to her discretion.” Then follows a provision that, in case the income and rents of said property and estate “ shall not…
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