Dove v. Torr
| Decision Date | 12 November 1879 |
| Citation | 128 Mass. 38 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | George W. W. Dove & others v. George H. Torr |
Essex. Contract by the heirs at law of John Dove, deceased, upon a written agreement, dated June 21, 1879, by the terms of which the plaintiffs, agreed to sell and the defendant agreed to buy a parcel of land in Andover; the plaintiffs, within one week from the date of the agreement, to convey said land in fee simple to the defendant free from all incumbrances by a good and sufficient warranty deed; and the defendant to pay the plaintiffs $ 100 upon the delivery of the deed. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on an agreed statement of facts in substance as follows:
The agreement declared on was duly made between the plaintiffs and the defendant; and a deed of the land named therein properly executed and acknowledged by the plaintiffs was tendered by them to the defendant within one week from the date of the agreement. John Dove died in 1876, seised in fee simple of the land described in the agreement, and leaving a will, the sixth clause of which was as follows: The land described in the agreement is part of the residue of the estate under the above clause; and is not needed for the payment of debts and legacies. Two of the plaintiffs were the only daughters of John Dove who had not married; at the time of his decease, and they have not since married; and no conveyance or other incumbrance has been made or suffered by any of the plaintiffs since the decease of the testator. The defendant refused to accept the deed on the sole ground that, under the sixth clause of the will, the deed did not convey a good title.
If upon the foregoing facts, the deed conveyed the title called for by the agreement, judgment was to be entered for the plaintiffs for $ 50; otherwise, for the defendant.
Judgment affirmed.
S Lincoln, Jr., (S. B. Ives, Jr. with him,) for the plaintiffs.
L. S Tuckerman, for the defendant.
The decision of this case depends upon the true construction of that clause of the will of John Dove by which, after...
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Jamieson's Estate, In re
...§ 734 (2d ed., 1956)), and noted that the word 'then' qualifying the word 'heirs' excepted the case from the general rule of Dove v. Torr, 128 Mass. 38 (1879). In Dove, Mr. Chief Justice Gray observed that a devise to testator's heirs should be construed as those heirs living at testator's ......
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...the estate bequeathed or devised was to be distributed and was not used by way of description of the persons who were to take. Dove v. Torr, 128 Mass. 38, 40;Porter v. Howe, 173 Mass. 521, 528, 54 N.E. 255;Brown v. Spring, 241 Mass. 565, 568, 135 N.E. 701;Hedge v. State Street Trust Co., 25......
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