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150 Mass. 529

Moffat v. Cook

Massachusetts Supreme Judicial Court

Decided January 3, 1890

Massachusetts Supreme Judicial Court · decided 1890-01-03

Bill in equity, filed February 18,1889, for the specific performance by the defendant of an agreement to purchase land from the plaintiff. The case was heard by Knowlton, J., and was as follows.

Cited by 1 later decisions — most recently April 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-01-03

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0. Allen, J.

¶1The devise to the husband, taken by itself

¶2alone, would clearly convey a fee to him, perhaps subject, however, to a charge for the payment of the sums which he is to pay. The next series of bequests, “In the event of my husband’s death,” means that those bequests are to take effect in the event of his death before hers. There is nothing to show that she meant to cut down to a life estate the previous devise to him for his own use and disposal. Briggs v. Shaw, 9 Allen, 516.

¶3No question is presented to us as to whether the land is charged with the payment of the sums which he is to pay, and we do not consider it. Nor does the defendant contend that he ought not to be compelled to accept a title which may be exposed to litigation from those who are not parties to the present suit.

¶4Decree affirmed.

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