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Wills, Trusts & Estates Keyed to Gallanis
Johnson v. Whiton
Citation:
34 N.E. 542 (Mass. 1893)Facts
The land in question passed under the seventh clause of the will of Royal Whiton to his five grandchildren, and a deed executed by them was tendered to the plaintiff, but was refused, on the ground that one of the grandchildren, Sarah A. Whiton, could not convey a fee simple absolute, and this action is brought to try the question. The clause of the will referred to is as follows: “After the decease of all my children, I give, devise, and bequeath to my granddaughter Sarah A. Whiton and her heirs on her father’s side one-third part of all my estate, both real and personal, and to my other grandchildren and their heirs, respectively, the remainder, to be divided in equal parts between them.”
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