¶1The testator, by the language which he used, has not so clearly manifested an intention that his widow should take an estate in fee, or an absolute power of disposal, that this court, sitting in equity, can declare that she can make a clear title which the defendant should be specifically compelled to accept, and thereby to assume the risk of litigation with the testator’s children, who are not parties to this suit, Jeffries v. Jeffries, 117 Mass. 184. Bill dismissed.
121 Mass. 333
Cunningham v. Blake
Massachusetts Supreme Judicial Court
Decided November 22, 1876
Massachusetts Supreme Judicial Court · decided 1876-11-22
Bill in EQUITY, filed September 11, 1876, for specific performance of the following agreement, signed by the plaintiff and defendant: “I, S. P. Blake, Jr., agree to lend Catherine H. Cunningham eight thousand dollars for three years at six and one half per cent., on her note secured by mortgage of the house in which she resides in Dorchester, with about one hundred and twenty-five thousand feet of land. [Here followed a description of the land by metes and bounds.] And I,…
Relies on Jeffries v. Jeffries
Good law ✅— No negative treatment on recordhow we know
Decided 1876-11-22
How this case has been cited
Cited by 8 later decisions — most recently December 1972
8 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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