Butts v. Andrews

Massachusetts Supreme Judicial Court

Butts v. Andrews

136 Mass. 221, 1884 Mass. LEXIS 65

Massachusetts Supreme Judicial Court·Decided January 2, 1884·Published·Cited by 12 cases

Opinion

C. Allen, J.

The plaintiff’s title depends on the construction to be given to the peculiar phraseology of the will; and even if we were inclined to the opinion that he took an estate in fee, still the title is not so clear that the defendant ought to be specifically compelled to accept it, and thus to assume the risk of subsequent litigation with persons not now before the court. The case falls within the decision in Cunningham v. Blake, 121 Mass. 333. See also Jeffries v. Jeffries, 117 Mass. 184; Hayes v. Harmony Grove Cemetery, 108 Mass. 400; Pyrke v. Waddingham, 10 Hare, 1; 1 Story Eq. Jur. § 749.

Bill dismissed.

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C. Allen, J.

The plaintiff’s title depends on the construction to be given to the peculiar phraseology of the will; and even if we were inclined to the opinion that he took an estate in fee, still the title is not so clear that the defendant ought to be specifically compelled to accept it, and thus to assume the risk of subsequent litigation with persons not now before the court. The case falls within the decision in Cunningham v. Blake, 121 Mass. 333. See also Jeffries v. Jeffries, 117 Mass. 184; Hayes v. Harmony Grove Cemetery, 108 Mass. 400; Pyrke v. Waddingham, 10 Hare, 1; 1 Story Eq. Jur. § 749.

Bill dismissed.

Butts v. Andrews, 136 Mass. 221, 1884 Mass. LEXIS 65 (Mass. 1884).

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Opinion

C. Allen, J.

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