Pike v. Stephenson
Massachusetts Supreme Judicial Court
Petition for partition of a house and land on Myrtle Street in Boston, formerly owned by Daniel Gregg, whose will, besides other devises and bequests not material to be quoted, contained the following: “ Fourth.
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Petition for partition of a house and land on Myrtle Street in Boston, formerly owned by Daniel Gregg, whose will, besides other devises and bequests not material to be quoted, contained the following: “ Fourth. I give, devise and bequeath unto my daughter, Mary N. Pike, the use and improvement of my house on Myrtle Street in the city of Boston, and the lands, outbuildings and appurtenances connected therewith, to hold during her natural life; and in the event of her decease, I do then give, devise and bequeath the same in equal shares to the children of said Mary N. Pike, and the children of…
1Opinion of the CourtGray, J.
The ordinary presumption is, that all devises and bequests vest upon the death of the testator; and there is nothing in the provisions of this will to control that presumption.
The devise, in the fourth article of the will, of the use and *190improvement of the land in question to Mrs. Pike was a devise of the estate to her for life ; and the devise over to her children and to the children of any deceased child by right of representation, gave the children of Mrs. Pike, living at the death of the testator, vested remainders in fee. The devise over is not restricted to such of her children or…
2Cited by17 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Barker v. MonksMassachusetts Supreme Judicial Court · 1944
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