Todd v. Sawyer
Massachusetts Supreme Judicial Court
Contract' to recover for breach of an agreement by the defendant to purchase land. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts, in substance as follows.
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Contract' to recover for breach of an agreement by the defendant to purchase land. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts, in substance as follows. Robert Todd, the father of the plaintiff, who died in 1873 seised in fee simple of the land in question, by his will, which was dated November 6, 1866, and was duly admitted to probate, made various bequests, and a provision for certain expenses, and devised this land to tbe plaintiff “ to her own sole and separate use, to be kept and retained…
1Opinion of the CourtC. Allen, J.
At the outset, it is apparent that the plaintiff has at least a life estate. The words, “ to be kept and retained by her as long as she shall live,” were probably not intended to prohibit an alienation during her life, but were rather expressive of the testator’s expectation or wish. But if intended as a prohibition, no legal effect can be given to them, a provision against alienation being void. Blackstone Bank v. Davis, 21 Pick. 42. Gleason v. Fayerweather, 4 Gray, 348, 351. The words, “ be disposed of as to her seems proper at her decease,” *572imply a power of disposition either by will or by…
2Cases cited8 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Hale v. MarshMassachusetts Supreme Judicial Court · 1868
- Whitcomb v. TaylorMassachusetts Supreme Judicial Court · 1877
- Cummings v. ShawMassachusetts Supreme Judicial Court · 1871
- Bowen v. DeanMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Joslin v. RhoadesMassachusetts Supreme Judicial Court · 1889
- Lathrop v. MerrillMassachusetts Supreme Judicial Court · 1910
- Zillmer v. LandguthWisconsin Supreme Court · 1896
- Cushing v. SpaldingMassachusetts Supreme Judicial Court · 1895
4 more not listed; retrieve them via the Exa API.