O'Donnell v. Smith
Massachusetts Supreme Judicial Court
Bill in equity, filed April 29, 1886, by the executor of the will of Thomas O’Keefe, against Charles Smith and the city of Northampton, alleging the following facts: Thomas O’Keefe, of Northampton, died on June 10, 1884, leaving a will dated June 9, 1881, and by said will disposed of his real and personal estate as follows: After the payment of his just debts and expenses, he gave to Edmund O’Keefe the sum of $100, and the rest and residue of his estate, real and personal,…
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Bill in equity, filed April 29, 1886, by the executor of the will of Thomas O’Keefe, against Charles Smith and the city of Northampton, alleging the following facts: Thomas O’Keefe, of Northampton, died on June 10, 1884, leaving a will dated June 9, 1881, and by said will disposed of his real and personal estate as follows: After the payment of his just debts and expenses, he gave to Edmund O’Keefe the sum of $100, and the rest and residue of his estate, real and personal, he gave to his father, Michael O’Keefe. On September 30, 1885, the will was duly admitted to probate, and the plaintiff,…
1Opinion of the CourtHolmes, J.
The trust “ for the benefit of the said Michael O’Keefe for a homestead for his life, and for the said Thomas O’Keefe after the said Michael’s decease, his heirs and assigns,” gave Thomas O’Keefe a vested remainder in fee, and did not *510attempt to hamper his power of alienation. He executed a deed of assignment to the town of Northampton, purporting to be “in consideration of one dollar and other valuable consideration.” It does not appear that the consideration was not received as stated, and it is presumed that consideration was received in the absence of evidence to the contrary, Boynton v.…
2Cases cited3 opinions
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1816
- Mather v. CorlissMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Dexter v. DexterMassachusetts Supreme Judicial Court · 1933
- Amazeen v. NewcastleSupreme Court of New Hampshire · 1911
- Sullivan v. LloydMassachusetts Supreme Judicial Court · 1915
- Taylor v. KoenigsteinNebraska Supreme Court · 1935
- Hjelm v. City of St. CloudSupreme Court of Minnesota · 1916
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