Gifford v. Choate
Massachusetts Supreme Judicial Court
Contract on the defendant’s covenant of warranty of title in fee simple to land in Salem conveyed by him to the plaintiffs by deed dated and delivered March 14, 1868; submitted to the judgment of the superior court, and of this court on appeal, upon facts agreed of which the following is the substance : Philip Chase died before May 7,1858, seised in fee of the land, and leaving a will, dated August 22,1855, which was duly proved and allowed, and by which, after giving…
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Contract on the defendant’s covenant of warranty of title in fee simple to land in Salem conveyed by him to the plaintiffs by deed dated and delivered March 14, 1868; submitted to the judgment of the superior court, and of this court on appeal, upon facts agreed of which the following is the substance : Philip Chase died before May 7,1858, seised in fee of the land, and leaving a will, dated August 22,1855, which was duly proved and allowed, and by which, after giving certain legacies, he disposed of the residue of his estate, which comprised both real estate and personal property, one third…
1Opinion of the CourtHoar, J.
The intent of the testator, to be inferred from the ' whole provisions of the will, is the true rule for its construction; and the intent thus ascertained is to be carried into effect, unless it is inconsistent with the positive rules of law.
The devise to Mrs. Earle is in the first place in terms which would give her a fee simple; “ to have and to hold the same to her and her heirs and assigns forever.” This may be limited tc a less estate bv subseauent words; but will not be thus re*345stricted unless by necessary implication. It is settled that a devise to one, his heirs and assigns, but if he…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
3Cited by50 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Howard v. CarusiSupreme Court of the United States · 1884
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Law v. DouglassSupreme Court of Iowa · 1899
- McNutt v. McCombSupreme Court of Kansas · 1899
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