Stocker v. Foster
Massachusetts Supreme Judicial Court
Writ of entry brought by "a devisee under the will of Mary Foster to recover a parcel of land in Beverly from tlie heirs at law of Martha P. Trow claiming under a deed from William A. Foster, husband of said Mary, purporting to be made in execution of-a power given him by her will, dated March 27, 1899. At the trial in the Superior Court, before Pierce, J., without a jury, the following facts áppeared : The demandant was the Samuel M. Stocker mentioned in the fourth .article…
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Writ of entry brought by "a devisee under the will of Mary Foster to recover a parcel of land in Beverly from tlie heirs at law of Martha P. Trow claiming under a deed from William A. Foster, husband of said Mary, purporting to be made in execution of-a power given him by her will, dated March 27, 1899. At the trial in the Superior Court, before Pierce, J., without a jury, the following facts áppeared : The demandant was the Samuel M. Stocker mentioned in the fourth .article of the will of Mary Foster. Thé tenants were in possession of the demanded premises claiming title by inheritance from…
1Opinion of the CourtHammond, J.
The devise in the second clause of the will of Mary Foster did not give to William A. Foster, her husband, an estate in fee, but an estate for life coupled with a power to “ sell and dispose of ” any part of the estate during his lifetime “ whenever in his judgment he may deem it conducive to his comfort.” Kent v. Morrison, 153 Mass. 137. Collins v. Wickwire, 162 Mass. 143.
We have first to deal with the question as to the nature of the power. It is contended by the demandant, on the one hand, that the power authorized Foster to sell, or otherwise dispose of, the estate only for a valuable…
2Cases cited10 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Brooks v. HoldenMassachusetts Supreme Judicial Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Blodget v. Delaney, CollectorCourt of Appeals for the First Circuit · 1953
- Smith v. FreedmanMassachusetts Supreme Judicial Court · 1929
- Dana v. DanaMassachusetts Supreme Judicial Court · 1904
- Allen v. HuntMassachusetts Supreme Judicial Court · 1913
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1918
33 more not listed; retrieve them via the Exa API.