Coombs v. Anderson
Massachusetts Supreme Judicial Court
Writ oe ENTRY to recover one undivided half of a parcel of land in Lynn. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, in substance as follows: John Williams died on April 22,1850, seised of the demanded premises.
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Writ oe ENTRY to recover one undivided half of a parcel of land in Lynn. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, upon agreed facts, in substance as follows: John Williams died on April 22,1850, seised of the demanded premises. He left a will, which was duly admitted to probate, and by which, after giving legacies to each of his three sisters, to be paid by a sale of so much of his real estate as was necessary, and the remaining real estate to his wife during her life, or widowhood, he provided as follows:…
1Opinion of the CourtHolmes, J.
The demandant claims as heir of Thomas Coombs’s body, whom both sides agree to have had an estate tail by the devise to him and the children of his body lawfully begotten, in the will of John Williams. Nightingale v. Burrell, 15 Pick. 104, 114. The tenant sets up a conveyance by Thomas Coombs to her in fee, by quitclaim deed, of all his right, title, interest, and estate.
Thomas Coombs was “ actually seised ” as tenant in tail within the meaning of the Rev. Sts. c. 59, § 3 (Pub. Sts. e. 120, § 15). Lithgow v. Kavenagh, 9 Mass. 161, 178. And he was seised of “land.” The undivided half of a fee…
2Cases cited3 opinions
- Allen v. Trustees of Ashley School FundMassachusetts Supreme Judicial Court · 1869
- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
- Leavitt v. City of CambridgeMassachusetts Supreme Judicial Court · 1876
3Cited by3 opinions
- In Re McEwanNew Jersey Superior Court Appellate Division · 1940
- Johnson v. WhitonMassachusetts Supreme Judicial Court · 1893
- Collamore v. CollamoreMassachusetts Supreme Judicial Court · 1893