Weller v. Weller
Massachusetts Supreme Judicial Court
Petition, under the Gen. Sts. c. 104, § 9, by the widow of William Weller, against the sole heir at law of said Weller, for partition of certain land in Westfield, by setting off to the petitioner an estate of homestead therein. Trial in the Superior Court, without a jury, before Bockwell, J., who ordered commissioners to be appointed to set off the homestead, as prayed for in the petition; and reported the case for the determination of this court.
Read the full summary
Petition, under the Gen. Sts. c. 104, § 9, by the widow of William Weller, against the sole heir at law of said Weller, for partition of certain land in Westfield, by setting off to the petitioner an estate of homestead therein. Trial in the Superior Court, without a jury, before Bockwell, J., who ordered commissioners to be appointed to set off the homestead, as prayed for in the petition; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtField, J.
Although it is stated in the report that the case was brought to the Superior Court from the Probate Court by-appeal, it appears, from the transcript of the record of the Probate Court referred to in the report, that the petition was ordered to be removed to the Superior Court pursuant to the St. of 1874, c. 266. The estate of homestead was acquired by the husband of the petitioner under the St. of 1855, c. 238, and existed at his death; and it is admitted “ that the petitioner is entitled to an estate of homestead, unless barred of the same in consequence of easements or privileges granted…
2Cases cited3 opinions
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Hoffman v. SavageMassachusetts Supreme Judicial Court · 1818
- Bates v. BatesMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- Paul v. PaulMassachusetts Supreme Judicial Court · 1884
- Holmes v. WinchesterMassachusetts Supreme Judicial Court · 1885
- Patriot Portfolio v. WeinsteinCourt of Appeals for the First Circuit · 1999