Trumbull v. Trumbull
Massachusetts Supreme Judicial Court
Writ of dower, dated November 2, 1886, by the widow of George B. Trumbull, against his sole heir at law. Trial in the Superior Court, without a jury, before Barker, J., who ruled that the demandant was not entitled to dower in the lands described in the writ, and found for the tenant, and reported the case for the determination of this court, in substance as follows.
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Writ of dower, dated November 2, 1886, by the widow of George B. Trumbull, against his sole heir at law. Trial in the Superior Court, without a jury, before Barker, J., who ruled that the demandant was not entitled to dower in the lands described in the writ, and found for the tenant, and reported the case for the determination of this court, in substance as follows. Susan Bryant, the former owner of the lands in question, died in 1848, and her will, which was dated March 3,1847, after providing among other things for the support and education of her “ adopted son, George Bryant Trumbull,”…
1Opinion of the CourtDevens, J.
The question presented by the case at bar is whether George B. Trumbull, the husband of the plaintiff, took a life estate only in the property in which she claims dower, or an estate tail. In the latter case the plaintiff would now be entitled to dower. It would also follow that George B. Trumbull could by deed have alienated the property, so that he could have deprived his issue and the sisters who, in a certain contingency, were entitled to it, of any estate therein.
Whether words importing a failure of issue of him to whom an estate is first given import an indefinite failure of issue, or a…
2Cases cited2 opinions
- Putnam v. GleasonMassachusetts Supreme Judicial Court · 1868
- Schmaunz v. GössMassachusetts Supreme Judicial Court · 1882
3Cited by12 opinions
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- Nichols v. . GladdenSupreme Court of North Carolina · 1895
- Gardner v. AndersonSupreme Court of Kansas · 1923
- In Re Coots' EstateMichigan Supreme Court · 1931
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