Cushing v. Spalding
Massachusetts Supreme Judicial Court
Bill in equity, filed January 30,1895, by Mary J. Cushing, Sarah C. Cushing, and Frances B. Cushing, the first two being widows, to compel specific performance of an agreement in writing, dated December 3, 1894, to purchase three undivided fourths of certain real estate. Hearing before Lathrop, J., on the bill, answer, and replication, the facts set forth in the replication being admitted by the defendant, in substance as follows.
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Bill in equity, filed January 30,1895, by Mary J. Cushing, Sarah C. Cushing, and Frances B. Cushing, the first two being widows, to compel specific performance of an agreement in writing, dated December 3, 1894, to purchase three undivided fourths of certain real estate. Hearing before Lathrop, J., on the bill, answer, and replication, the facts set forth in the replication being admitted by the defendant, in substance as follows. By her will Mary Cushing gave all her real and personal estate to her nephew Samuel T. Cushing, in trust, to apply the net income thereof to the use and support of…
1Opinion of the CourtMorton, J.
The condition against alienation was clearly void. Hawley v. Northampton, 8 Mass. 3, 37. Gleason v. Fayerweather, 4 Gray, 348, 353. Todd v. Sawyer, 147 Mass. 570, 571. Winsor v. Mills, 157 Mass. 362. The provision in regard to building upon the real estate, or continuing to use it as a farm, forms part of the condition. The testatrix attempts to mitigate the condition against alienation by providing that, though the estate shall not be sold, it may be used by the devisees for building and farming.
The restraint upon alienation being void, the trustee took the estate simply for the use and…
2Cases cited8 opinions
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
- Richardson v. StodderMassachusetts Supreme Judicial Court · 1868
- Hunting v. DamonMassachusetts Supreme Judicial Court · 1894
- Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Lathrop v. MerrillMassachusetts Supreme Judicial Court · 1910
- Hill v. LevineMassachusetts Supreme Judicial Court · 1925
- Ogle v. BurmisterSupreme Court of Iowa · 1910
- Powers v. RaffertyMassachusetts Supreme Judicial Court · 1903
6 more not listed; retrieve them via the Exa API.