Richardson v. Stodder
Massachusetts Supreme Judicial Court
Contract to recover rents of real estate collected by the defendant, as money had and received to the plaintiff’s use ; submitted to the judgment of the court on agreed facts, in substance •as follows: Mary E. Fowle, widow, died November 21, 1863, seised of certain real estate in Boston, more particularly described in the statement of facts, and leaving a will, proved and allowed December 28, 1863, the fourth clause of which was as follows : “ I give and bequeath, in trust,…
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Contract to recover rents of real estate collected by the defendant, as money had and received to the plaintiff’s use ; submitted to the judgment of the court on agreed facts, in substance •as follows: Mary E. Fowle, widow, died November 21, 1863, seised of certain real estate in Boston, more particularly described in the statement of facts, and leaving a will, proved and allowed December 28, 1863, the fourth clause of which was as follows : “ I give and bequeath, in trust, to Charles Stodder, of Boston, all the residue of my property, real and personal, of which I may be possessed at the…
1Opinion of the CourtHoar, J.
We are of opinion that the devise to Mrs. Georgiana W. Richardson, in the fourth clause of the will of Mrs. *529Mary E. Fowle, was of an equitable fee simple. The language of the devise is as follows : “ I give and bequeath, in trust, to Charles Stodder, of Boston, all the residue of my property, real and personal, of which I may be possessed at the time of my decease, for the benefit of my daughter, Georgiana W., wife of George S. Richardson, of said Boston, to her sole and separate use, and her heirs and assigns forever.”
The terms of this devise are clearly such as, if Mrs. Richardson had not…
2Cited by19 opinions
- Blake v. O'NealWest Virginia Supreme Court · 1908
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Amory v. Trustees of Amherst CollegeMassachusetts Supreme Judicial Court · 1918
- Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
- Cushing v. SpaldingMassachusetts Supreme Judicial Court · 1895
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