Scott v. Scott
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, settling the estate of Nathaniel Scott, deceased, intestate.
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This was an appeal from a decree of the judge of probate for this county, settling the estate of Nathaniel Scott, deceased, intestate. The appellants and the appellee were sons and heirs at law of the said Nathaniel, and the judge by his decree settled the whole real estate of the deceased upon his son, the appellee, he paying to the others their equal shares of the value thereof as appraised And the eldest son was considered by the decree as entitled to an equal share therein with the other heirs. From this decree the appellants appealed, and filed the following reasons of appeal viz. :…
1Opinion of the Court
Thacher, J.,
said he was in favor of affirming the decree.
Sewall, J.
The decree of the judge of probate, appealed from in this case, is supposed to be erroneous because made without any recognition or estimate of a certain lot of land which had been * conveyed by the deceased, Nathaniel Scott, [ * 329 ] to his son John Scott, the appellee. The appellants claim to have the value of this land considered in the apportionment of Nathaniel Scott’s estate, as an advancement by him to his son. *394because his deed appears to have been made for the consideration of love and affection. And this claim is…
2Cited by1 opinion
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