Legal Opinion

Doane v. Freeman

Supreme Judicial Court of Maine

Decided July 1, 1858PublishedCited by 1 opinion

Debt, for the amount due to plaintiff from defendants, as administrators on the estate of Lydia Buckley; the plaintiff claiming to be an heir of said Lydia, and entitled to a share of her estate, under a decree in Probate for the distribution of the same. The questions controverted are, plaintiff’s claim to be entitled as an heir; and, if an heir, the part of the estate to which he is entitled.

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Debt, for the amount due to plaintiff from defendants, as administrators on the estate of Lydia Buckley; the plaintiff claiming to be an heir of said Lydia, and entitled to a share of her estate, under a decree in Probate for the distribution of the same. The questions controverted are, plaintiff’s claim to be entitled as an heir; and, if an heir, the part of the estate to which he is entitled. By the Statement op Facts agreed on, it appears that said Lydia Buckley died intestate, in 1853, leaving no issue, father or mother. She left no brothers or sisters living. ' There were living, at the…

1Opinion of the Court

The opinion of the Court was drawn up by

Hathaway, J.

The brothers and sisters of Lydia Buckley, if living, at the time of her decease, would have inherited her estate, in equal portions, but they being dead, leaving issue, at the time of her decease, their children and the children of their deceased children, took the inheritance by representation. “ Succession, in stirpes, according to the roots, since all the branches represent the same share, that their root, whom they represent, would have done. 2 Bl. Com. 217.

Lydia Buckley’s brothers and sisters, who died, leaving lineal descendants, were…

2Cited by1 opinion

  1. Preston v. ColeSupreme Court of New Hampshire · 1887

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