Boston Safe Deposit & Trust Co. v. Mixter
Massachusetts Supreme Judicial Court
Contract to recover tie purchase money for an undivided fourth part of real estate, which the plaintiff, as trustee, agreed in writing, on October 29, 1886, to sell and convey to the defendant in fee by a good and sufficient deed.
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Contract to recover tie purchase money for an undivided fourth part of real estate, which the plaintiff, as trustee, agreed in writing, on October 29, 1886, to sell and convey to the defendant in fee by a good and sufficient deed. The deed was tendered on November 9, 1886. A decree of the Probate Court authorizing a private sale was made on July 21, 1885, the citation and order of notice upon the plaintiff’s petition being addressed “ To the heirs at law, next of bin, and all other persons interested in the real estate held in trust.” The case was submitted to the Superior Court, and, after…
1Opinion of the CourtMorton, C. J.
William Mixter by the third clause of his will bequeaths to each of his children, George, Mary Ann, Fanny Louise (afterwards Fanny L. Howard), and Samuel Jason, the interest or income of twenty thousand dollars, to be paid to each at least annually, or as often as the income shall be received; said principal sum to be paid into the hands of trustees, and by them invested, and at the decease of either of the children “ said principal sum of twenty thousand dollars, the income of which is given to the child deceased, shall be divided among the heirs at law of the deceased child.”
By the sixth…
2Cases cited1 opinion
- Packard v. MarshallMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- In Re Estate of SpreckelsCalifornia Supreme Court · 1912
- Hayward v. RoweMassachusetts Supreme Judicial Court · 1905
- Preston v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1911
- Cleval v. SullivanMassachusetts Supreme Judicial Court · 1927
- Schloendorn v. SchmidtCourt of Appeals of Maryland · 1911
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