Rice v. Smith
Massachusetts Supreme Judicial Court
This was a writ of right, in which the said Benjamin and Lucy, in her right, demanded six several parcels of land described in their writ. * The tenant pleaded the general issue, which, being joined by the demandants, was tried before Wilde, J., at the sittings here after the last October term.
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This was a writ of right, in which the said Benjamin and Lucy, in her right, demanded six several parcels of land described in their writ. * The tenant pleaded the general issue, which, being joined by the demandants, was tried before Wilde, J., at the sittings here after the last October term. It was proved or admitted, at the trial, that one Israel Smith was seised of the demanded premises in fee, and died so seised and intestate in the year 1802, leaving no issue; but leaving a brother, the said Peter, and threé sisters, of whom the said Lucy is one, and Abigail Smith, his mother, his only…
1Per curiam
On the trial of the former action between these parties, it was not known, or at least it was not proved, that Israel Smith had a mother living at his death. If this fact had appeared at that trial, it might have saved the parties the expense of the present action.
It is now said that the partition or assignment in the Probate Court, being void in part, is void in the whole; * and that therefore Abigail Smith’s right to one fifth part descended, at her decease, to all her children. If so, Peter Smith is entitled to one fourth part, which he formerly recovered.
But we are satisfied that the…
2Cited by6 opinions
- Miles v. BoydenMassachusetts Supreme Judicial Court · 1825
- Robbins v. GleasonSupreme Judicial Court of Maine · 1859
- In re YoutseyDistrict Court, S.D. Ohio · 1916
- Cowdin v. PerryMassachusetts Supreme Judicial Court · 1831
- Symmes v. LibbeySuperior Court of New Hampshire · 1807
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