Summary
In Dunn v. Sargent, 101 Mass. 336, a life estate was created for the benefit of a son with remainder to his children and remainder over to such of the life tenant's brothers and sisters as might survive him. It was held that the right of a brother of the life tenant, although not devisable nor transmissible, was assignable and capable of alienation, subject to the contingency, because although not vested in possession and subject to be defeated by death before the life tenant, yet it was vested in right.
Summary of this case from Clarke v. FayOpinion
June, 1906.
Judgment and order affirmed, with costs. No opinion. Hirschberg, P.J., Woodward, Jenks, Hooker and Miller, JJ., concurred.