Hill v. Pike

Nov 29, 1899
Reporters:
, ,
Before:
Holmes
Holmes, C. J.

This case is covered.by Watson v. Watson, 150 Mass. 84, and Baker v. Baker, 167 Mass. 575. Marsh v. Hoyt, 161 Mass. ‍‌​‌‌​‌​​‌‌​‌​​​‌‌​​​‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌​​​‌​​‌‌​‌‌​‌​‌​‌‌​‌‌‌​‌‌​‌​​‌‌​​​​​​‌​​​‌​‌‌‌‌​‌‌‌​​‌‌​‍459, cannot be regarded as authority for allowing a wife to claim five thousand dollars’ worth of land out of real estate in ‍‌​‌‌​‌​​‌‌​‌​​​‌‌​​​‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌​​​‌​​‌‌​‌‌​‌​‌​‌‌​‌‌‌​‌‌​‌​​‌‌​​​​​​‌​​​‌​‌‌‌‌​‌‌‌​​‌‌​‍which her husband had only a remainder at his death. In that case the form of proceeding was a bill by trustees for ‍‌​‌‌​‌​​‌‌​‌​​​‌‌​​​‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌​​​‌​​‌‌​‌‌​‌​‌​‌‌​‌‌‌​‌‌​‌​​‌‌​​​​​​‌​​​‌​‌‌‌‌​‌‌‌​​‌‌​‍instructions, and the only question discussed was whether the remainder given to the deceased wife was vested or contingent. It concerned personal ‍‌​‌‌​‌​​‌‌​‌​​​‌‌​​​‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌​​​‌​​‌‌​‌‌​‌​‌​‌‌​‌‌‌​‌‌​‌​​‌‌​​​​​​‌​​​‌​‌‌‌‌​‌‌‌​​‌‌​‍as well as real property. The remainder had vested in possession when the petition was brought, and its condition at the death of ‍‌​‌‌​‌​​‌‌​‌​​​‌‌​​​‌​​​​‌‌‌‌‌‌​‌‌​‌​‌​‌​​​‌​​‌‌​‌‌​‌​‌​‌‌​‌‌‌​‌‌​‌​​‌‌​​​​​​‌​​​‌​‌‌‌‌​‌‌‌​​‌‌​‍the wife was not called to the attention of the court. Petition dismissed.