Parker v. Parker
Massachusetts Supreme Judicial Court
Petition eor partition. Loring Parker alone appeared and the other respondents were defaulted. The case was submitted to this court on agreed facts in substance as follows : The petitioners and respondents are the heirs at law of David Parker, who died on July 16, 1873, seised in fee of the lands described in the petition, and leaving a will dated April 18, 1863, which was duly admitted to probate, and contained the following clauses: “Second.
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Petition eor partition. Loring Parker alone appeared and the other respondents were defaulted. The case was submitted to this court on agreed facts in substance as follows : The petitioners and respondents are the heirs at law of David Parker, who died on July 16, 1873, seised in fee of the lands described in the petition, and leaving a will dated April 18, 1863, which was duly admitted to probate, and contained the following clauses: “Second. I give and bequeath to my son Loring Parker” [certain lands, describing them]. “ I also give and bequeath to my son Loring Parker all the personal…
1Opinion of the CourtGray, C. J.
All the lands of which partition is sought were devised by David Parker to Loring Parker upon the condition subsequent that he should support George Parker. On the death of George in the lifetime of the testator the performance of the condition became impossible by the act of God, and Loring cannot be said to have neglected or refused to perform it, but holds the lands by an absolute title. 4 Kent Com. 130. Merrill v. Emery, 10 Pick. 507,511. Petition dismissed.
2Cited by17 opinions
- Burnham v. BurnhamWisconsin Supreme Court · 1891
- Bullard v. Inhabitants of ShirleyMassachusetts Supreme Judicial Court · 1891
- Huffman v. RicketsIndiana Court of Appeals · 1916
- Burdis v. BurdisSupreme Court of Virginia · 1898
- Tappan's Appeal from ProbateSupreme Court of Connecticut · 1885
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