Lovering v. Lovering
Massachusetts Supreme Judicial Court
Bill in equity by the trustees under the will of Joseph Lovering to obtain the instructions of the court. The case was reserved on the bill and answers by Ames, J., for the consideration of the full court, and was as follows : The testator died on June 30,1848. His will, which was duly admitted to probate, by the thirteenth article, devised to trustees two stores on State Street, a house on Tremont Street and a house on Hollis Street, all in Boston, in trust to pay the net…
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Bill in equity by the trustees under the will of Joseph Lovering to obtain the instructions of the court. The case was reserved on the bill and answers by Ames, J., for the consideration of the full court, and was as follows : The testator died on June 30,1848. His will, which was duly admitted to probate, by the thirteenth article, devised to trustees two stores on State Street, a house on Tremont Street and a house on Hollis Street, all in Boston, in trust to pay the net rents and profits to his daughter Nancy Gay, during her life, “ and upon this further trust, upon the decease of said…
1Opinion of the CourtMorton, J.
The thirteenth clause of the will of Joseph Lovering, in regard to which the plaintiffs by this bill seek the instructions of the court, was considered in Lovering v. Worthington, 106 Mass. 86 ; and it was held that the limitation of life *100estates to the children of Mrs. Nancy Gay after her decease was not void for remoteness. The question now presented, which has arisen by the subsequent death of her son, George H. Gay, whether the limitation over of the fee to the heirs at law of the children of Mrs. Gay is void, was not considered. It is conceded that, if the devise of life estates to the…
2Cases cited2 opinions
- Lovering v. WorthingtonMassachusetts Supreme Judicial Court · 1870
- Rogers v. AbbottMassachusetts Supreme Judicial Court · 1880
3Cited by14 opinions
- Bittner v. BittnerTexas Commission of Appeals · 1932
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Bosworth v. StockbridgeMassachusetts Supreme Judicial Court · 1905
- Commissioner of Corporations & Taxation v. BullardMassachusetts Supreme Judicial Court · 1943
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