Massachusetts Supreme Judicial Court, 1874

Lerned v. Saltonstall

Lerned v. Saltonstall
Massachusetts Supreme Judicial Court · Decided January 15, 1874 · Gray
114 Mass. 407

Lerned v. Saltonstall

Opinion of the Court

Gray, C. J.

The trust deed clearly manifests and asserts the intent of the grantor that his wife should have the whole equitable estate in the premises during her natural life; and that upon her death, and not before, the remainder should be conveyed to the grantor if living, or, if dead, to his heirs. The plaintiff, as his heir at law, has therefore no right to a conveyance of the land or to the income or possession thereof, during her life; and the question of the title to the remainder cannot be decided until her death.

Bill dismissed with costs.

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