Sears v. Cunningham
Massachusetts Supreme Judicial Court
Contract for breach of the covenants of seisin and right to convey, contained in a deed from the defendant to the plaintiff of a parcel of land in Dorchester.
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Contract for breach of the covenants of seisin and right to convey, contained in a deed from the defendant to the plaintiff of a parcel of land in Dorchester. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The land was a part of the estate devised to the defendant by her husband, who .died in August, 1872, at the age of seventy, whose will, drawn by himself in January, 1870, was admitted to probate, and was in the words following : “ That my whole estate, real and…
1Opinion of the CourtMorton, J.
The will we are called upon to construe in this case is in artificially drawn; but, taking into consideration the relations of all the parties to each other, and the nature and situation of the property which is the subject of the will, we think it is not difficult to arrive at the intention of the testator. The first clause, “ that my whole estate, real and personal, I hereby devise and bequeath to my wife Catherine, in her own name and for her own purpose's,” standing by itself, would clearly give to his widow an absolute estate. The expression “ in her own name and for her own purposes ”…
2Cases cited1 opinion
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
3Cited by13 opinions
- Nichols v. AllenMassachusetts Supreme Judicial Court · 1881
- Knox v. KnoxWisconsin Supreme Court · 1884
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1898
- Barrett v. MarshMassachusetts Supreme Judicial Court · 1879
- Poor v. BradburyMassachusetts Supreme Judicial Court · 1907
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