Cummings v. Shaw
Massachusetts Supreme Judicial Court
Bill in equity for the specific performance of a contract for the purchase of land. The defendant denied that the plaintiff could make a good title. The case was reserved by Colt, J., on the bill and answer, and is stated in the opinion.
1Opinion of the CourtChapman, C. J.
The ability of the plaintiff to perform his contract to convey the real estate described, by an absolute title, is derived from the residuary clause in the will of his wife, Mary H. Cummings. The clause is as follows : “ Fifth. All the rest, residue and remainder of my property of which I may die possessed, both real and personal, wearing apparel, silver ware, jewelry, watches, household furniture, horse, carriage, &c., I give and bequeath unto my beloved husband, Humphrey Cummings, for and during his natural life, with the right to dispose of the same as he shall think proper.”
“ The right to…
2Cases cited2 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Hale v. MarshMassachusetts Supreme Judicial Court · 1868
3Cited by15 opinions
- VanGorder v. SmithIndiana Supreme Court · 1885
- Bragg v. LitchfieldMassachusetts Supreme Judicial Court · 1912
- Parks v. Robinson.Supreme Court of North Carolina · 1905
- Lewis v. PalmerSupreme Court of Connecticut · 1878
- Goodrich v. HendersonMassachusetts Supreme Judicial Court · 1915
10 more not listed; retrieve them via the Exa API.