Whitcomb v. Taylor
Massachusetts Supreme Judicial Court
Bill m equity against Cyrus W. Taylor, Frances E. Sawyer, Ellen C. Whitcomb, Mary E. Gates and Francis E. Gates, her husband, and Henry S. Whitcomb, to terminate a trust.
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Bill m equity against Cyrus W. Taylor, Frances E. Sawyer, Ellen C. Whitcomb, Mary E. Gates and Francis E. Gates, her husband, and Henry S. Whitcomb, to terminate a trust. The bill alleged that Levi Whitcomb died on March 26, 1866, leaving a will, which was duly admitted to probate on April 16, 1866; and that by the second clause thereof he devised his real and personal estate to his wife, Mary Eveline Whitcomb, “ to have and to hold the same to her use and benefit, for and during her natural life, hereby giving full power and authority to my wife, the said Mary Eveline, to sell any part of…
1Opinion of the CourtMorton, J.
By the second clause of the will of Levi Whit-comb, his widow took a life estate in the property left by him, with the right to sell such parts as were necessary for her use and maintenance during her life. The language used imports inly a life estate; she is “ to have and to hold the same to her use and benefit for and during her natural life.”
There is nothing in the other parts of the will which, by a fair construction, can enlarge the estate to a fee. This is not a case of a gift of a life estate with a full power of disposition by deed or will, which has sometimes been held to create a…
2Cases cited5 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Hale v. MarshMassachusetts Supreme Judicial Court · 1868
- Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
- Brightman v. BrightmanMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Lovett v. FarnhamMassachusetts Supreme Judicial Court · 1897
- Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
- Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
- Stone v. BradleeMassachusetts Supreme Judicial Court · 1903
- Bamforth v. BamforthMassachusetts Supreme Judicial Court · 1877
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