Legal Opinion

Perry v. Porter

Massachusetts Supreme Judicial Court

Decided January 27, 1877PublishedCited by 2 opinions

Tort, with counts for libel, and others for slander. The declaration alleged that the defendant had charged the plaintiff with various wrong-doings in connection with the estate of Ebenezer Atkins, deceased, of whose will the plaintiff was executor, and among others with getting a deed from Mrs. Atkins, the sole legatee, of her real estate, without her knowledge, in which the plaintiff’s wite was named as grantee.

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Tort, with counts for libel, and others for slander. The declaration alleged that the defendant had charged the plaintiff with various wrong-doings in connection with the estate of Ebenezer Atkins, deceased, of whose will the plaintiff was executor, and among others with getting a deed from Mrs. Atkins, the sole legatee, of her real estate, without her knowledge, in which the plaintiff’s wite was named as grantee. At the trial in this court, before JDevens, J., it appeared that in June, 1871, Mrs. Atkins signed and acknowledged before the plaintiff, as a justice of the peace, a deed of all…

1Opinion of the CourtDevens, J.

The exceptions of the defendant present some questions of difficulty, which need not now be discussed) as upon one ground we are all satisfied that the exceptions must be sustained, and it is probable that the questions referred to may not be presented at any subsequent trial.

It appeared that Mrs. Atkins had signed and acknowledged a certain deed, by which all her real estate was conveyed to Harriet N. Perry, the plaintiff’s wife. This deed had been written by the plaintiff, and was afterwards placed on record at the registry of deeds by him. It was important to determine, as to this…

2Cited by2 opinions

  1. Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
  2. Stevens v. StevensMassachusetts Supreme Judicial Court · 1890

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