¶1The plaintiff took by the will of her husband either an estate in fee, or at least an estate for life with power to convey in fee. Bowen v. Dean, 110 Mass. 438. Kimball v. Sullivan, 113 Mass. Decree affirmed.
116 Mass. 232
Lyon v. Marsh
Massachusetts Supreme Judicial Court
Decided November 16, 1874
Massachusetts Supreme Judicial Court · decided 1874-11-16
<p>A testator devised all of his estate, both real and personal, to his wife, “ to her sole and separate use and benefit forever,” and if there should be any part thereof left at her decease, “it is my wish and desire that it should be disposed of as follows,” &c. Held, that the wife took either an estate in fee, or an estate for life with power to convey in fee; and that she could maintain a bill in equity for specific performance against one who had agreed to buy the land devised, and to whom she had agreed to convey “ a good and clear title to the same in fee simple, free from all incumbrances.”</p>
Relies on Bowen v. Dean
Good law ✅— No negative treatment on recordhow we know
Decided 1874-11-16
How this case has been cited
Cited by 7 later decisions (1 by the Supreme Court) — most recently November 1908
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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