Andrews v. Senter
Supreme Judicial Court of Maine
Writ of entry, for a lot of land in Portland. Andrew S. Marwick owned the demanded premises, and by his will, approved in 1833, devised the same to his wife, Elizabeth, upon condition that she should support his mother, Mrs. Lydia Marwick, (who was his heir-at-law,) in a comfortable and suitable manner.
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Writ of entry, for a lot of land in Portland. Andrew S. Marwick owned the demanded premises, and by his will, approved in 1833, devised the same to his wife, Elizabeth, upon condition that she should support his mother, Mrs. Lydia Marwick, (who was his heir-at-law,) in a comfortable and suitable manner. The demandant derives title under a conveyance from said Elizabeth, made in 1834. This title is contested upon the alleged ground that the support, secured to Lydia by the condition of the will, was not furnished, whereby the land was forfeited to her. She died in 1844. The tenant makes title…
1Opinion of the CourtShepley, C. J.
The devise of this estate by Andrew Scott Marwick to his wife Elizabeth, was decided in the case of Marwick v. Andrews, 25 Maine, 525, to have been upon condition subsequent: and that her title was liable to be defeated by an omission to perform the duties required by the condition. Whether the devise be regarded as imposing upon the devisee a personal trust or not, the testimony proves, that there has not been a performance of the condition by the devisee or her grantee.
Lydia Marwick, for whose use the condition was to be performed, was the heir-at-law of the testator, and she occupied the…
2Cited by8 opinions
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- Hall v. O'ConnellOregon Supreme Court · 1908
- Phillips v. Mayor of HudsonSupreme Court of New Jersey · 1864
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