Kimball v. Sullivan
Massachusetts Supreme Judicial Court
Bill in equity praying that the defendant might be decreed specifically to perform an agreement for the purchase of certain described real estate. The answer denied that the plaintiff was seised in fee simple of the premises so as to be able to make a valid conveyance of the same according to the terms of the agreement.
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Bill in equity praying that the defendant might be decreed specifically to perform an agreement for the purchase of certain described real estate. The answer denied that the plaintiff was seised in fee simple of the premises so as to be able to make a valid conveyance of the same according to the terms of the agreement. The parties filed in the case an agreed statement of facts, from which it appeared that the plaintiff derived his title under the will of one Reuben F. Foster, through a deed from Sarah Foster, the widow of Reuben F., who died seised in fee simple of the premises in question,…
1Opinion of the CourtMorton, J.
The devise in the fifth clause of the will of Reuben F. Foster, of all the residue of his estate to his wife Sarah, “to have and to hold the same forever,” is in apt words to give her a fee. It is not to be cut down to a lesser estate by the subsequent terms of the will, unless they show a clear intention of the testator to do so.
The proviso that if his wife “ at her decease should make no disposal of the property herein willed and bequeathed to her, and leave no child or children to heir the estate,” then the estate shall go to the three benevolent societies named, necessarily implies that…
2Cases cited1 opinion
- Bowen v. DeanMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883
- Wead v. GraySupreme Court of Missouri · 1883
- Todd v. SawyerMassachusetts Supreme Judicial Court · 1888
- Sherill v. OuerbackerCourt of Appeals of Kentucky · 1918
- Mooy v. GallagherSupreme Court of Rhode Island · 1914
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