Willcut v. Calnan
Massachusetts Supreme Judicial Court
Writ of entry by the widow of Joseph Willcut for possession of a house and land in South Boston. In the superior court the facts were agreed, and it appeared that the demandant claimed title as residuary devisee under the ninth article of the will of her husband, who died in 1844, seised of the demanded premises; and that the tenant claimed under a subsequent conveyance in fee simple from Joseph Willcut, who died before this writ was brought, and who was the devisee of the…
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Writ of entry by the widow of Joseph Willcut for possession of a house and land in South Boston. In the superior court the facts were agreed, and it appeared that the demandant claimed title as residuary devisee under the ninth article of the will of her husband, who died in 1844, seised of the demanded premises; and that the tenant claimed under a subsequent conveyance in fee simple from Joseph Willcut, who died before this writ was brought, and who was the devisee of the demanded premises named in the sixth article of the will, which was as follows : “ Article 6. I give, bequeath and devise…
1Opinion of the CourtWells, J.
By Gen. Sts. c. 92, § 5, the devise of the house and land to Joseph Willcut, in the sixth clause of the will, must “ be construed to convey all the estate of the devisor therein which he could lawfully devise, unless it clearly appears by the will that the devisor intended to convey a less estate.” Nothing in the will indicates the existence of any reason for making a distinction between Joseph and the other children of the testator* nor is there any indication of a purpose so to do, unless it be in the fact that in the five clauses preceding and two clauses succeeding the sixth, words of…
2Cited by3 opinions
- Bassett v. NickersonMassachusetts Supreme Judicial Court · 1903
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Spooner v. LovejoyMassachusetts Supreme Judicial Court · 1871