Dove v. Torr
Massachusetts Supreme Judicial Court
Contract by the heirs at law of John Dove, deceased, upon a written agreement, dated June 21, 1879, by the terms of which the plaintiffs agreed to sell and the defendant agreed to buy a parcel of land in Andover; the plaintiffs, within one week from the date of the agreement, to convey said land in fee simple to the defendant free from all incumbrances by a good and sufficient warranty deed; and the defendant to pay the plaintiffs $100 upon the delivery of the deed.
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Contract by the heirs at law of John Dove, deceased, upon a written agreement, dated June 21, 1879, by the terms of which the plaintiffs agreed to sell and the defendant agreed to buy a parcel of land in Andover; the plaintiffs, within one week from the date of the agreement, to convey said land in fee simple to the defendant free from all incumbrances by a good and sufficient warranty deed; and the defendant to pay the plaintiffs $100 upon the delivery of the deed. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on an agreed…
1Opinion of the CourtGray, C. J.
The decision of this case depends upon the true construction of that clause of the will of John Dove by *40which, after devising the residue of his real estate to his daughters and the survivor of them until death or marriage, he provides as follows: “After the marriage or death of my surviving daughter taking under this item, the estate herein devised shall descend to those persons who may then be entitled to take the same as my heirs.”
The word “ then ” is here inserted, not as in Long v. Black-all, 3 Ves. 486, in Sears v. Russell, 8 Gray, 86, and in Thomson v. Luddington, 104 Mass. 193, by way…
2Cases cited3 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Minot v. TappanMassachusetts Supreme Judicial Court · 1877
- Hulburt v. EmersonMassachusetts Supreme Judicial Court · 1819
3Cited by38 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Whall v. ConverseMassachusetts Supreme Judicial Court · 1888
- Fargo v. MillerMassachusetts Supreme Judicial Court · 1889
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
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