Smith v. Rice
Massachusetts Supreme Judicial Court
Bill in equity by a. trustee under a deed to obtain the instructions of the court. The case was reserved on the bill and answers, by Lord, J., for the consideration of the full court, and was as follows: In 1837, Benjamin Weld and Elizabeth Weld, his wife, conveyed a parcel of land in Roxbury to a trustee (whose successor the plaintiff is) in trust to permit the grantors to use and occupy the land during their lives; upon the death of the grantors, to permit their son,…
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Bill in equity by a. trustee under a deed to obtain the instructions of the court. The case was reserved on the bill and answers, by Lord, J., for the consideration of the full court, and was as follows: In 1837, Benjamin Weld and Elizabeth Weld, his wife, conveyed a parcel of land in Roxbury to a trustee (whose successor the plaintiff is) in trust to permit the grantors to use and occupy the land during their lives; upon the death of the grantors, to permit their son, Samuel H. Weld, to use and occupy the same during his life; on his death, to permit his widow, if she should survive him, to…
1Opinion of the CourtGray, C. J.
The gift in remainder, after the expiration ot the equitable estates for life reserved to the grantors, and of those granted to Samuel H. Weld and his wife, is “to Elizabeth H. Weld, Susan Weld, Samuel H. Weld, Junior, children of said Samuel H. Weld, and such other children of Samuel H. Weld as shall then be living, and to their heirs and assigns forever.”
There can be no doubt that the gift in remainder is restricted, so far as regards children not named therein, to such children as shall be living at the expiration of the last life estate; and the question to be determined is whether the…
2Cases cited1 opinion
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Crapo v. PriceMassachusetts Supreme Judicial Court · 1906
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Birdsall v. BirdsallSupreme Court of Iowa · 1912
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