Pinkham v. Gear
Superior Court of New Hampshire
This was an action of trespass qnare clausum fregit, and was tried here at September term, 1824, upon the general issue. The plaintiff offered in evidence to the jury a deed made by Susanna Pinkham, on the 22d February, 1822, and purporting to convey to the plaintiff the locus in quo, being her dower in the estate of her late husband, Richard Pinkham, deceased.
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This was an action of trespass qnare clausum fregit, and was tried here at September term, 1824, upon the general issue. The plaintiff offered in evidence to the jury a deed made by Susanna Pinkham, on the 22d February, 1822, and purporting to convey to the plaintiff the locus in quo, being her dower in the estate of her late husband, Richard Pinkham, deceased. He also offered in evidence a copy of a warrant from the judge of probate in this county, dated April 24, 1821, to certain freeholders, to assign to the said Susanna her dower in the estate of her said late husband, a return of the…
1Opinion of the Court
⅛1 chaRdson, C, J.
delivered the opinion of the court.
The statute of Feb. 3, 1789, entitled “ an act ordering “ the descent of intestate estates, and empowering the judge £t of probate to settle the same accordingly,” (section 4, has always been- understood to give the judge of probate power to cause partition to be made among the heirs, and the dower of the widow to be assigned her, in all real estate, of which an intestate died seized. 1 N. H. Laws 208. But the court of probate has not been considered as having jurisdiction to assign dower, where the intestate had conveyed the land in fee…
2Cases cited2 opinions
- Ladd v. KinneySuperior Court of New Hampshire · 1821
- Pond v. PondMassachusetts Supreme Judicial Court · 1816
3Cited by2 opinions
- Fisk v. EastmanSuperior Court of New Hampshire · 1830
- Meserve v. MeserveSuperior Court of New Hampshire · 1848