Brightman v. Brightman
Cases that cite this one
11 later published cases cite this decision.
- Hayes v. Hammond (Mass. 1957)
- Hall v. Beebe (Mass. 1916)
- Meins v. Pease (Mass. 1911)
- Lovering v. Balch (Mass. 1911)
- Raymond (Massachusetts Land Court 1906)
- Matlock v. Lock (Ind. Ct. App. 1905)
- Gilkie v. Marsh (Mass. 1904)
- Schmaunz v. Göss (Mass. 1882)
- Whitcomb v. Taylor (Mass. 1877)
- Crossman v. Field (Mass. 1875)
- Allen v. Trustees of Ashley School Fund (Mass. 1869)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The clause in Israel Brightman’s will devising certain real estate “ to Daniel and John Brightman and to their heirs and assigns,” taken by itself, gave them an estate in fee simple. The subsequent clause providing that “ if the said Daniel or John shall decease, leaving no issue of his body lawfully begotten, then what I have devised to such one, I here devise to the survivor thereof and his heirs and assigns,” created an executory devise limited upon that fee simple. Richardson v. Noyes, 2 Mass. 56. But the contingency did not happen; for Daniel died first, and left issue; and when John died Daniel did not survive him. Upon the decease of Daniel leaving issue, the contingency mentioned became impossible, and the estate in fee simple remained. Judgment for the tenant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.