Stearns v. Stearns
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, made on the 29th of August, 1818, appointing commissioners to make partition of the real estate, whereof Samuel Stearns, who was the husband of the said Mary, died seised, among the heirs of the said Samuel, he having died intestate.
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This was an appeal from a decree of the judge of probate for this county, made on the 29th of August, 1818, appointing commissioners to make partition of the real estate, whereof Samuel Stearns, who was the husband of the said Mary, died seised, among the heirs of the said Samuel, he having died intestate. In the reasons of appeal filed the 26th of September, 1818, pursuant to the statute, the appellants set forth that the respondents, heirs at law of the said Samuel, having for a long time unjustly neglected and refused to assign to the said Mary her dower in said estate ; she, on the 13th…
1Opinion of the CourtWilde, J.
It cannot be maintained, as a general proposition, that the probate courts have exclusive jurisdiction of the settlement of real estates, by partition among the heirs, and by assignment of dower to the widow; for authority is expressly given, by divers statutes, to the other courts. All, therefore, that can be contended for is, that the Probate Court has exclusive jurisdiction in all such cases, wherein the provisions of law cannot be enforced aliunde. The facts appearing in the proceedings brought before us upon this appeal, do. not present such a case; and it appearing that an action of…
2Cited by11 opinions
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Fischer v. Superior CourtCalifornia Supreme Court · 1895
- Old Colony Trust Co. v. SegalMassachusetts Supreme Judicial Court · 1932
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- Dorsey v. CorkeryMassachusetts Supreme Judicial Court · 1917
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