Johnson v. Battelle

Massachusetts Supreme Judicial Court

Johnson v. Battelle

125 Mass. 453, 1878 Mass. LEXIS 102

CourtMassachusetts Supreme Judicial Court

DecidedOctober 21, 1878

StatusPublished

Cited by22 cases

This text of 125 Mass. 453 (Johnson v. Battelle) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Battelle, 125 Mass. 453, 1878 Mass. LEXIS 102 (Mass. 1878).

Pincite

Opinion

Gray, C. J.

By the will, the defendant took an estate for life, with a power to sell and convey in fee, if necessary for his support and maintenance, and the remainder over was contingent on its not becoming necessary to exercise that power. The facts agreed showing such necessity, the deed from the defendant to the plaintiff passed an absolute title. Lyon v. Marsh, 116 Mass, 232. Bamforth v. Bamforth, 123 Mass. 280. Smith v. Snow 123 Mass. 323. Gibbins v. Shepard, post, 541.

Judgment for the defendant.

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Gray, C. J.

By the will, the defendant took an estate for life, with a power to sell and convey in fee, if necessary for his support and maintenance, and the remainder over was contingent on its not becoming necessary to exercise that power. The facts agreed showing such necessity, the deed from the defendant to the plaintiff passed an absolute title. Lyon v. Marsh, 116 Mass, 232. Bamforth v. Bamforth, 123 Mass. 280. Smith v. Snow 123 Mass. 323. Gibbins v. Shepard, post, 541.

Judgment for the defendant.

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Bluebook (online)

125 Mass. 453, 1878 Mass. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-battelle-mass-1878.

Opinion

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