Bowen v. Dean
Massachusetts Supreme Judicial Court
Writ oe entry to recover land in Berkley. At the trial in the Superior Court, before Allen, J., the demandant, in opening hia case, stated that he expected to prove the following facts ? The demanded premises were formerly the property of Thomas J. Burt, who died in 1865, leaving a will, which, excepting the formal parts, is as follows : “ I give and bequeath unto my wife Lydia Burt all the estate, both real and personal, of which I shall die seised, of whatever name or…
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Writ oe entry to recover land in Berkley. At the trial in the Superior Court, before Allen, J., the demandant, in opening hia case, stated that he expected to prove the following facts ? The demanded premises were formerly the property of Thomas J. Burt, who died in 1865, leaving a will, which, excepting the formal parts, is as follows : “ I give and bequeath unto my wife Lydia Burt all the estate, both real and personal, of which I shall die seised, of whatever name or nature, and wherever the same may be situated, and to hold to her and her assigns forever. And should my wife, the aforesaid…
1Opinion of the CourtGray, J.
If the devise by Thomas J. Burt of all his estate to his wife, Lydia Burt, “ to hold to her and her assigns forever,” could be construed, upon a view of the whole will, to give her an estate for life only, the devise over upon the contingency that she should “ die intestate and seised of any portion of said estate at *440the time of her decease,” gave her by necessary implication an absolute power of disposal, either by deed or will; and this power having been fully executed by her will, if not by the deed made by her, nothing remained upon which the devise over in the will of her husband could…
2Cases cited1 opinion
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Bundy v. United States Trust Co. of New YorkMassachusetts Supreme Judicial Court · 1926
- Holt v. WilsonSupreme Court of Kansas · 1910
- McDuffie v. MontgomeryU.S. Circuit Court for the Northern District of Illnois · 1904
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