Bates v. Bates
Massachusetts Supreme Judicial Court
Petition for partition of a lot of real estate in Hanover, alleging that Thomas M. Bates was seised in fee and in mortgage of the premises, subject to the homestead estate of the petitioner as widow of George Bates, and praying for the estate of homestead to be set off to her.
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Petition for partition of a lot of real estate in Hanover, alleging that Thomas M. Bates was seised in fee and in mortgage of the premises, subject to the homestead estate of the petitioner as widow of George Bates, and praying for the estate of homestead to be set off to her. At the trial in the superior court, before Rockwell, J., the facts appeared substantially as follows: In April 1855 George Bates was seised of the land in dispute, comprising about two acres and a half, on which was a small house where he resided with his family, consisting of the petitioner and two minor children.…
1Opinion of the CourtHoar, J.
The petitioner acquired a right of homestead undei
the St. of 1855, c. 238. Her husband owned and occupied the land, with the house upon it, at the time when that statute created the homestead exemption in his favor. As the homestead which he acquired attached to the whole land upon which he lived, it did not cease and was not affected by the building of the new house upon the same lot, and moving his family into it. By § 2 of that statute it was provided that “ such exemption shall continue after the death of such householder, for the benefit of the widow and children of the deceased party,…
2Cited by13 opinions
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- In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
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