Legal Opinion

Wild v. Brewer

Massachusetts Supreme Judicial Court

Decided February 15, 1797PublishedCited by 15 opinions

The petition alleges that John Brewer, on the 30th day of November, A. D. 1791, was seised in fee simple of the premises described in the petition, “ and afterwards, on the-day of -, died seised thereof, leaving the said Sarah, and James Brewer, the respondent, his only children and heirs at law, not having given or bequeathed to said Sarah any legacy by any last will and testament, — whereby, and by virtue of the law in such case provided, the said Daniel and Sarah, in her…

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The petition alleges that John Brewer, on the 30th day of November, A. D. 1791, was seised in fee simple of the premises described in the petition, “ and afterwards, on the-day of -, died seised thereof, leaving the said Sarah, and James Brewer, the respondent, his only children and heirs at law, not having given or bequeathed to said Sarah any legacy by any last will and testament, — whereby, and by virtue of the law in such case provided, the said Daniel and Sarah, in her right, became entitled te have one undivided moiety of the premises assigned to them; wherefore they pray for…

1Opinion of the Court

Judgment. — And after a full hearing of the parties by their counsel, it appearing to the Court, upon the state of facts, that Sarah, the wife of said Daniel, petitioner as aforesaid, is not entitled to have a portion of the estate of the said John Brewer, deceased, in the same manner as if he had died intestate — it is therefore considered by the Court here that the said petition be dismissed, and that the respondent recover against the petitioners costs, taxed at, &c.

Vide Mass. Statutes, February 6, 1784, “ An Act pre [ *572 ] scribing the * manner of devising lands, tenements, and…

2Cases cited2 opinions

  1. Church v. CrockerMassachusetts Supreme Judicial Court · 1807
  2. Wilder v. GossMassachusetts Supreme Judicial Court · 1817

3Cited by15 opinions

  1. Coulam v. DoullSupreme Court of the United States · 1890
  2. Church v. CrockerMassachusetts Supreme Judicial Court · 1807
  3. Hockensmith v. SlusherSupreme Court of Missouri · 1858
  4. Terry v. FosterMassachusetts Supreme Judicial Court · 1804
  5. Hurley v. O'SullivanMassachusetts Supreme Judicial Court · 1884

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