Legal Opinion

Bent v. Rogers

Massachusetts Supreme Judicial Court

Decided May 9, 1884PublishedCited by 6 opinions

Petition, returnable at January term 1883 of the Superior Court, for partition of a parcel of land in that part of Boston formerly Dorchester. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows: Alexander Glover died on October 24,1842, seised in fee of the land in question.

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Petition, returnable at January term 1883 of the Superior Court, for partition of a parcel of land in that part of Boston formerly Dorchester. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows: Alexander Glover died on October 24,1842, seised in fee of the land in question. By his will, which was duly admitted to probate, he devised the same to his four children, Alexander Glover, Jr., Sarah Bent, wife of Albert A. Bent, Mary Ann Glover, and Amasa S. Glover, in equal shares. On May 30,…

1Opinion of the CourtMorton, C. J.

We are of opinion that the deed of May 31, 1855, conveyed the interest which the petitioner had in the premises of which she seeks partition. There is some ambiguity in the first sentence, caused by the use by the scrivener of different language in regard to Mrs. Bent and Mrs. Pike, whose interests were similar; but, taking the whole deed together, it clearly manifests the intention to convey the interest of Mrs. Bent. At the time the deed was executed, Albert A. Bent owned one eighth of the premises, Mrs. Bent one quarter, Mrs. Pike one quarter, George P. Blake one eighth, and the remaining…

2Cited by6 opinions

  1. Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
  2. McCombs v. StephensonSupreme Court of Alabama · 1907
  3. Lawton v. JoestingSupreme Court of Minnesota · 1905
  4. Plummer v. GouldMichigan Supreme Court · 1892
  5. Shugart v. ShugartTexas Commission of Appeals · 1923

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