Butterfield v. Hamant
Massachusetts Supreme Judicial Court
Writ of entry to recover land in Medfield, of which Asa Boyden died seised in 1803, and by his will disposed as follows : “ I give and devise to my son, Amos Boyden, the improvement of that lot of land his house stands upon. I give and devise to my grandson, Asa Boyden, his heirs and assigns, all the real estate that I gave the improvement of to his father, Amos Boyden, his natural life.
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Writ of entry to recover land in Medfield, of which Asa Boyden died seised in 1803, and by his will disposed as follows : “ I give and devise to my son, Amos Boyden, the improvement of that lot of land his house stands upon. I give and devise to my grandson, Asa Boyden, his heirs and assigns, all the real estate that I gave the improvement of to his father, Amos Boyden, his natural life. Provided he should not outlive his father, Amos Boyden, then I give and devise to his three brothers, and iny three grandchildren, namely, Theodore Boyden, Walter Boyden, and Preston Boyden, of what I gave…
1Opinion of the CourtGray, J.
The intention of the testator, as manifest upon the face of his will, was that upon the death of Amos Boyden (to whom he devised the demanded premises for life) if Asa Boyden, son of Amos, outlived his father, he should take this estate in fee, and pay seventy dollars to each of his brothers who should come of age ; but that if said Asa should not outlive his father, the estate should go to his three brothers equally in fee. The remainder was contingent until the death of Amos, and, his son Asa being then dead, vested in the three brothers, and passed by them deed to the tenant.
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2Cited by4 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Neal v. Hamilton Co.West Virginia Supreme Court · 1912
- Nichols v. BoswellSupreme Court of Missouri · 1890
- Merritt v. ConverseMassachusetts Supreme Judicial Court · 1877