Gardner v. Gardner
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on September 12, 1917, by Rosella Gardner, the grantee under a deed from Raymond H. Gardner, dated August 22, 1916, for the registration of the petitioner’s title in fee simple to a certain parcel of land with the buildings thereon in Springfield, which was the property of Horace S. Gardner, who died intestate on January 21, 1915, leaving as his alleged sole heir at law Raymond H. Gardner, the petitioner’s grantor.
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Petition, filed in the Land Court on September 12, 1917, by Rosella Gardner, the grantee under a deed from Raymond H. Gardner, dated August 22, 1916, for the registration of the petitioner’s title in fee simple to a certain parcel of land with the buildings thereon in Springfield, which was the property of Horace S. Gardner, who died intestate on January 21, 1915, leaving as his alleged sole heir at law Raymond H. Gardner, the petitioner’s grantor. The answer of the respondent Sadie E. Gardner of Springfield alleged that she was the widow of Horace S. Gardner and that the respondents Howard…
1Opinion of the CourtRugg, C. J.
This is a petition for the registration of the title to land. The question of title turns upon the validity of the marriage of the respondent with Horace S. Gardner, who died in 1915, intestate, seised of the locus. The petitioner was married to the deceased in 1893, but because of his desertion procured a divorce nisi from him on January 16, 1901, which became absolute six months later. In the meantime, in November, 1900, the deceased under an assumed name went through a marriage ceremony in New York with the respondent, then an eighteen year old school girl living at home in Pennsylvania.…
2Cases cited9 opinions
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