Fuller v. Rust
Massachusetts Supreme Judicial Court
Wbit of doweb, dated April 12, 1888, by the widow of Daniel W. Fuller. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. Daniel W. Fuller of Gloucester died on February 18, 1880, seised of lands in that part of Gloucester called Magnolia, of which the demanded premises formed a part, and of a lot of land in Swampseott.
Read the full summary
Wbit of doweb, dated April 12, 1888, by the widow of Daniel W. Fuller. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. Daniel W. Fuller of Gloucester died on February 18, 1880, seised of lands in that part of Gloucester called Magnolia, of which the demanded premises formed a part, and of a lot of land in Swampseott. On October 23, 1880, the administrator of his estate, under license duly granted by the Probate Court to sell a part of the real estate for the payment of debts, sold the demanded premises by…
1Opinion of the CourtW. Allen, J.
This is a writ of dower, dated April 12, 1888. The case comes up by report, and no question of pleading is reserved. One defence is that the demandant’s dower in the demanded premises has been assigned to her by the Probate Court. The record of the proceedings of the Probate Court is made part of the report, and shows that, on the petition of the widow, her dower in all the lands of which her husband died seised in this Commonwealth was duly assigned to her. The estate consisted of different parcels, and the assignment was not of one third of each parcel, but of the whole of a number of…
2Cases cited4 opinions
- Scott v. HancockMassachusetts Supreme Judicial Court · 1816
- Milton v. MiltonSupreme Court of Florida · 1874
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1808
- Miller v. MillerMassachusetts Supreme Judicial Court · 1815