Mayo v. Merritt
Massachusetts Supreme Judicial Court
Petition for partition of real estate in Springfield. The case was submitted to the judgment of the court on facts agreed substantially as follows: Roderick Norton died in 1859, seised of the land described in the petition, leaving a last will, of which these were the material provisions: “ I give and bequeath to my wife, Elizabeth Norton, one third of my personal estate, after the payment of my debts, to have the same forever, and also the use, income and improvement of one…
Read the full summary
Petition for partition of real estate in Springfield. The case was submitted to the judgment of the court on facts agreed substantially as follows: Roderick Norton died in 1859, seised of the land described in the petition, leaving a last will, of which these were the material provisions: “ I give and bequeath to my wife, Elizabeth Norton, one third of my personal estate, after the payment of my debts, to have the same forever, and also the use, income and improvement of one third of my real estate during her natural life, and after her decease I give said one third of my estate to my…
1Opinion of the CourtAmes, J.
By the terms of the will, the executor is intrusted with a general discretionary power to sell all or any part of the real estate whenever he shall think it “ most for the interest of those concerned.” The final distribution of the property could not well be made until after the decease of the widow, and the testator must be supposed to have considered it possible that it might in the mean time become advisable to make an entire change in the form in which his property had been invested. He therefore selects the executor as a person in whose judgment he had confidence, and he imposes upon him…
2Cited by6 opinions
- Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912
- McLaughlin v. GreeneMassachusetts Supreme Judicial Court · 1908
- Lewis v. ShattuckMassachusetts Supreme Judicial Court · 1899
- Allen v. DeanMassachusetts Supreme Judicial Court · 1889
- Bellevue Brewing Co. v. International Union of the United Brewery Workmen of AmericaOhio Superior Court, Cincinnati · 1911
1 more not listed; retrieve them via the Exa API.