Moffat v. Cook
Cases that cite this one
1 later published case cites this decision.
- Goodwin v. McDonald (Mass. 1891)
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 devise to the husband, taken by itself alone, 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.
No 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.
Decree affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.