174 Mass. 509 | Mass. | 1899
The only question raised by this bill of exceptions is whether the petitioner has an estate in possession in-the real estate described in the petition, so that he can have partition against the respondent, Mary H. Faxon. Both parties claim under the will of their mother Adeline Faxon, a part of
These provisions are so involved and unusual as to leave their meaning obscure and uncertain. We construe the will as follows : The testatrix intended that the provision for her daughter Mary H. Faxon should be deemed of paramount importance, if this daughter’s title could be continued “ without detriment to the estate and without causing a depreciation in the saleable value of the property.” In the fifth clause, as well as the fourth, her desire that Mary H. Faxon should be left in undisturbed possession is' emphasized. In the second clause the title of the other children is expressly made subject to this provision for