Kendall v. Clapp
Massachusetts Supreme Judicial Court
Contbact, to recover money paid by the plaintiff to the defendant under an agreement for the purchase and sale of real estate, on the ground that the title thereto was defective. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, which so far as material appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff contends that the deed tendered to him conveys less than the fee, because the provisions of Pub, Sts. c. 126, § 4, apply to the devise under which the defendant holds. That statute has no application when the language of a devise shows that the intention of the testator was to give a fee. Weld v. Williams, 13 Met. 486, 496. Barton v. Bigelow, 4 Gray, 353, 357. Hayward v. Howe, 12 Gray, 49. Trumbull v. Trumbull, 149 Mass. 200. For the statute to operate there must be a creation of an estate for life, and then a devise or a grant in remainder to the heirs of the life tenant. As we…
2Cases cited1 opinion
- Trumbull v. TrumbullMassachusetts Supreme Judicial Court · 1889
3Cited by14 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- Rooke v. Queen's HospitalHawaii Supreme Court · 1900
- Pool v. SneedCourt of Appeals of Texas · 1943
- Travis v. SitzTennessee Supreme Court · 1915
- Wilder v. LoehrSupreme Court of Alabama · 1924
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