Wilmarth v. Bridges
Massachusetts Supreme Judicial Court
Petition for partition of land in Georgetown. Trial by jury was waived in the Superior Court, and the case was heard by Brigham, C. J., who found the following facts.
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Petition for partition of land in Georgetown. Trial by jury was waived in the Superior Court, and the case was heard by Brigham, C. J., who found the following facts. The petitioners and the respondents claimed title in the premises described in the petition under the will of Ezra Wilmarth the material portions of which were as follows: “ I give and bequeath unto my beloved wife, Mary, should she survive me, the use and improvement of all my estates, both real and personal, during her natural life, and whatever she may need for her comfortable support, or necessary repairs on the buildings.…
1Opinion of the CourtGray, C. J.
By the will of Ezra Wilmarth, his widow took an estate for life in all his real property ; and the interest given to his daughter Mary therein, though subject to be terminated by her ceasing to occupy, was also a life estate. Plympton v. Boston Dispensary, 106 Mass. 544, 548. The remainder expectant upon these two life estates was, by the express terms of the will, to be divided among all the testator’s children, including his two sons and each of his daughters. This devise in remainder *411of the real estate is not limited, like the bequest of the personal property after the death of the widow,…
2Cases cited3 opinions
- Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
- Pike v. StephensonMassachusetts Supreme Judicial Court · 1868
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
3Cited by10 opinions
- Hershman-Tcherepnin v. TcherepninMassachusetts Supreme Judicial Court · 2008
- Power v. KindschiWisconsin Supreme Court · 1883
- Braunstein v. Hajjar (In Re Hajjar)United States Bankruptcy Court, D. Massachusetts · 2008
- Faxon v. FaxonMassachusetts Supreme Judicial Court · 1899
- Putnam v. DavisSupreme Court of New Hampshire · 1960
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