Minot v. Prescott
Massachusetts Supreme Judicial Court
This was an ejectment for land in Middlesex, wherein a special verdict was found; that one J. Betton, on the 17th of July; 1776, being seised of the premises, made his last will, and devised to his wife Mary the income of his real and personal estate during life; and if not sufficient to support her comfortably, then power to sell any of his estate for that purpose ; and to will and dispose of all the wearing apparel, plate, and furniture, of which he should die possessed.
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This was an ejectment for land in Middlesex, wherein a special verdict was found; that one J. Betton, on the 17th of July; 1776, being seised of the premises, made his last will, and devised to his wife Mary the income of his real and personal estate during life; and if not sufficient to support her comfortably, then power to sell any of his estate for that purpose ; and to will and dispose of all the wearing apparel, plate, and furniture, of which he should die possessed. It was further found that, on the 11th of December, 1776, the said Mary granted the premises in fee unto the defend ant,…
1Opinion of the CourtCushing, C. J.
This is not a fee simple. The power is not to dispose at will and pleasure, as in the case cited from Wilson, but on the happening of a particular event, viz., the income proving insufficient to support the wife comfortably. This is a precedent condition; and was so adjudged in the * case of. Dike vs. Ricks, where the clause in the will' was substantially the same with that in the present case. The happen ing of this condition ought to have been stated in the deed to Picscott, as well as shown in the verdict, in order to entitle the defendant to judgment. It is a matter which can be traversed…
2Cited by22 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Morford v. DieffenbackerMichigan Supreme Court · 1884
- Cook v. HigginsSupreme Court of Missouri · 1921
- Larsen v. JohnsonWisconsin Supreme Court · 1890
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