150 Mass. 168 | Mass. | 1889
According to numerous recent decisions, each child of Mr. Sawyer took an interest in his estate, which was alienable before the youngest child became of age. It was not a mere possibility, but a fixed right, to take as purchaser under the devise, which could be defeated only by his death before the time for distribution, or by Mrs. Sawyer’s disposing of the property. Assuming that she had an implied power to sell and use the proceeds, this did not defeat the alienability of the son’s interest. The alienation, of course, would be subject to all contingencies. See Welsh v. Woodbury, 144 Mass. 542, 545, and cases cited; Dodd v. Winship, 144 Mass. 461; Whipple v. Fairchild, 139 Mass. 262; Putnam v. Story, 132 Mass. 205, and cases cited.
Looking at the language of the deed in the light of the circumstances, it appears to have been the son’s intention to convey his whole interest in his father’s estate, both real and personal. The want of a detailed description of the real estate is but a slight circumstance to the contrary. It might be uncertain in his mind what particular pieces of real estate would be in his mother’s possession when the youngest child should
Exceptions overruled.