Lincoln v. Lincoln

A residuary gift in a will, to J. S. without words of inheritance, conveys the fee, and not a mere life estate, in land to which it applies.

Conteact upon a written agreement of the defendant, dated October 20, 1870, to pay $7166 to the plaintiff in consideration that she should convey to him “ an absolute inheritable title ” to a parcel of land in Leominster “ by a good warranty deed with usual covenants.” The plaintiff was the widow of Luke Lincoln of Leominster, who died seised and possessed of the land and left a will which was duly proved and allowed before the date of said agreement and of which the plaintiff was executrix. After a specific legacy to the testator’s daughter, who was his only heir, the will contained the following clause: “ The rest and residue of all my property, personal, real or mixed, (after paying all just and lawful demands against my estate,) I give and bequeath to my beloved wife, Caroline M. Lincoln.” The foregoing facts were agreed, and the only question thereon was whether the plaintiff took “ an absolute inheritable title ” in the land, subject to the payment of the debts and legacy. If she did, judgment was to be rendered for her for a stated sum; otherwise, for the defendant.