Julian v. Boston, Clinton, Fitchburg & New Bedford Railroad
Massachusetts Supreme Judicial Court
Writ of dower. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court on appeal, on an agreed statement of facts, in substance as follows: The demandant in 1832 was legally married to Luke Julian, who was seised and possessed of the demanded premises in 1837. He afterwards conveyed the same to Theodore Moses, the demandant’s father, by a deed which she did not sign, nor has she at any time since, in any manner, released her right…
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Writ of dower. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court on appeal, on an agreed statement of facts, in substance as follows: The demandant in 1832 was legally married to Luke Julian, who was seised and possessed of the demanded premises in 1837. He afterwards conveyed the same to Theodore Moses, the demandant’s father, by a deed which she did not sign, nor has she at any time since, in any manner, released her right of dower in said premises. Luke died in 1877, and the demandant made legal demand on the tenant to assign her dower in…
1Opinion of the CourtSoule, J.
The demandant has not received, as heir of her father, any real estate. She has not, therefore, received anything which, independently of our statute, would be assets to render her liable to her father’s grantee or his assigns on the covenants in her father’s deed. The same would be true if she had inherited lands lying in the State of New Hampshire. Austin v. Gage, 9 Mass. 395.
Our statute provides that, in certain cases, heirs, next of kin and devisees shall be liable to the creditors of deceased persons, to the extent of the personal estate, as well as of the real estate which they have…
2Cases cited3 opinions
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Royce v. BurrellMassachusetts Supreme Judicial Court · 1815
- Austin v. GageMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922