Gould v. Mather
Massachusetts Supreme Judicial Court
Contract on the defendant’s covenants of seisin and warranty in a deed dated January 10, 1867, by which she, describing herself in the granting clause as “ executrix of the will of Ozias H. Mather, late of Boston, deceased,” and signing as * executrix,” for the consideration of §13,000 conveyed a parcel of land in Boston to Mary H. Cutts for life and on her death to the plaintiffs, and covenanted that the grantor was seised thereof in fee simple, and that the premises were…
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Contract on the defendant’s covenants of seisin and warranty in a deed dated January 10, 1867, by which she, describing herself in the granting clause as “ executrix of the will of Ozias H. Mather, late of Boston, deceased,” and signing as * executrix,” for the consideration of §13,000 conveyed a parcel of land in Boston to Mary H. Cutts for life and on her death to the plaintiffs, and covenanted that the grantor was seised thereof in fee simple, and that the premises were free from all incumbrances. The case was submitted to the judgment of the court on agreed facts, of which the following…
1Opinion of the CourtAmes, J.
The testator, by his last will and testament, appointed his wife to be the executrix, and Henry N. F. Marshall to be the executor; and in the next clause, he directs his executrix and executor to pay out of his estate all of his funeral enarges and his just debts. In the third clause, he gives, devises and bequeaths unto his “ said executrix and executor ” all of his real, personal and mixed estate, to be held by them in trust for his four children and their legal representatives, for cer*287tain purposes, which he proceeds more specifically to define. The trust is not expressed with the highest…
2Cases cited1 opinion
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
3Cited by11 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Ladd v. ChaseMassachusetts Supreme Judicial Court · 1892
- Parker v. SearsMassachusetts Supreme Judicial Court · 1875
- Pell v. MercerSupreme Court of Rhode Island · 1884
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