Cunningham v. Blake

121 Mass. 333, 1876 Mass. LEXIS 374

Opinion

By the Court.

The testator, by the language which he used, has not so clearly manifested an intention that his widow should take an estate in fee, or an absolute power of disposal, that this court, sitting in equity, can declare that she can make a clear title which the defendant should be specifically compelled to accept, and thereby to assume the risk of litigation with the testator’s children, who are not parties to this suit, Jeffries v. Jeffries, 117 Mass. 184. Bill dismissed.