Pitts v. Milton
Massachusetts Supreme Judicial Court
Bill in equity, filed May 15, 1905, by the trustee under the will of Coffin Pitts, who died, in 1871, his will being proved on October 23, 1871, to establish a trust in a certain lot of land with the buildings thereon on Belknap Street in Boston, and to compel a conveyance of the property to the plaintiff to be administered under the will of Coffin Pitts free from certain mortgages.
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Bill in equity, filed May 15, 1905, by the trustee under the will of Coffin Pitts, who died, in 1871, his will being proved on October 23, 1871, to establish a trust in a certain lot of land with the buildings thereon on Belknap Street in Boston, and to compel a conveyance of the property to the plaintiff to be administered under the will of Coffin Pitts free from certain mortgages. In the Superior Court the case was heard by Lawton, J. The defendants claimed under David Milton to whom the property was conveyed on February 26, 1900, by Louisa E. Gilmore, formerly Louisa E. Pitts, the widow of…
1Opinion of the CourtBraley, J.
In the will of Coffin Pitts this provision is found: “ I give and bequeath to my beloved wife Louisa E. Pitts all my real and personal estate wherever situated of which I may die *89possessed for the purpose of maintaining herself and our children to her and her heirs forever,” and if by the language used the testator’s widow, under whom the defendants derive title, took a fee the plaintiff at the time of bringing suit had no legal or equitable interest to the land described in this bill. At the testator’s death his widow and two minor children survived, one of whom was the plaintiff, and as no…
2Cases cited6 opinions
- Dana v. DanaMassachusetts Supreme Judicial Court · 1904
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Damrell v. HarttMassachusetts Supreme Judicial Court · 1884
- Spooner v. LovejoyMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Mills v. BlakelinMassachusetts Supreme Judicial Court · 1940
- Poor v. BradburyMassachusetts Supreme Judicial Court · 1907
- Kemp v. KempMassachusetts Supreme Judicial Court · 1916
7 more not listed; retrieve them via the Exa API.