Butts v. Andrews
| Decision Date | 02 January 1884 |
| Citation | 136 Mass. 221 |
| Parties | Bryan J. Butts v. Samuel A. Andrews |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued October 3, 1883
Worcester. Bill in equity, for the specific performance of an agreement to purchase land.
The bill, which was filed July 19, 1883, alleged that, on May 16 1883, the parties entered into an agreement in writing, by the terms of which the plaintiff agreed to sell, and the defendant agreed to buy, a certain parcel of land in Milford for the sum of $ 2500, the premises to be conveyed on or before May 22, 1883, by a good and sufficient warranty deed conveying a good and clear title to the same, free from all incumbrances; that the plaintiff was seised in fee simple of said premises by devise under the will of his wife, who died on May 5, 1881, leaving real estate of the value of less than $ 5000, and having no issue living at her decease; that the plaintiff had always been ready and willing to perform his part of said agreement, and, on the day named therein, offered a deed of said premises to the defendant, who refused to accept the deed and perform his part of the agreement, on the ground that the plaintiff could not make a good and marketable title to the premises; and that the plaintiff could make a good title thereto.
The will of the plaintiff's wife, dated May 16, 1868, provided that he should "not only have out of my estate what the laws of this Commonwealth prescribe, but the entire use, income, and profits of all my real and personal estate during his natural life; and furthermore, that if, in his judgment, it shall be necessary to his personal comfort to expend and consume any portion of the principal or capital of my said estate, he may freely appropriate so much thereof, even to the last cent, as may be justly deemed necessary for that purpose; and I do give and bequeath the same to him accordingly;" and also provided that "whatever may be left out of the principal or capital of my estate given to my husband as aforesaid, if anything, after his decease, I leave to be inherited by my paternal relatives and their descendants, as the laws of the land prescribe."
The answer admitted the allegations of the bill; but denied that the plaintiff could convey a good title in fee.
The case was heard, on the bill and answer, by Field, J., who reserved it for the consideration of the full court.
Bill dismissed.
H. L Parker, for the plaintiff.
G. G Parker, for the...
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