Simonds v. Simonds
Massachusetts Supreme Judicial Court
Writ of dower, dated March. 15, 1875, by the widow of George W. Simonds, alleging that her husband died seised in fee of certain lands, therein described, under the provisions of the will of his father, Jonathan Simonds.
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Writ of dower, dated March. 15, 1875, by the widow of George W. Simonds, alleging that her husband died seised in fee of certain lands, therein described, under the provisions of the will of his father, Jonathan Simonds. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, on agreed facts in substance as follows: The will of Jonathan Simonds contained the following provisions : “ Third, my will is, I give and bequeath, direct and appoint unto Franklin Simonds, Jonathan B. Simonds and Jonathan S. Barker, my nephews, and to the survivor and…
1Opinion of the CourtDevens, J.
It was decided in Simonds v. Simonds, 112 Mass. 157, that the trust in reference to the Charter Street estate terminated upon the arrival of George W. Simonds at the age of forty years, but it was not there held, as contended by the demandant, that George W. died .seised in fee of the premises of which the demandant now claims one half in lieu of dower. That was a bill in equity brought by trustees under the will of Jonathan B. Simonds for instructions, and it was sufficient for that case to determine that, at the arrival of George W. at the age of forty, the trust ceased as to this estate,…
2Cases cited1 opinion
- Simonds v. SimondsMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Dorr v. LoveringMassachusetts Supreme Judicial Court · 1888
- Hills v. SimondsMassachusetts Supreme Judicial Court · 1878
- Phelps v. PhelpsMassachusetts Supreme Judicial Court · 1887