Johnson v. Whiton
Massachusetts Supreme Judicial Court
34 N.E. 542 (Mass. 1893)
Relevant factsFree
Royal Whiton's will left a third of his estate to his granddaughter Sarah Whiton (defendant) and her "heirs on her father's side," with the remainder going to his other grandchildren. All the grandchildren together contracted to sell the land to Johnson (plaintiff) and executed a deed, but Johnson refused to accept it, arguing Sarah lacked a fee simple interest capable of being conveyed, and sued to recover his deposit.
IssueFree
Whether a landowner may convey land to an individual and her "heirs on her father's side" to create a new, unrecognized type of inheritance.