Chapman v. Gray
Massachusetts Supreme Judicial Court
This was an action of ejectment, to recover the possession of certain real estate in Boston; and it was submitted to the decision of the Court upon the following facts agreed by the parties: — The demanded premises were a part of the real estate of which John Gray died seised; being the mansion-house, and land adjoining, in Summer Street, Boston, and the whole of his real estate in the county of Suffolk.
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This was an action of ejectment, to recover the possession of certain real estate in Boston; and it was submitted to the decision of the Court upon the following facts agreed by the parties: — The demanded premises were a part of the real estate of which John Gray died seised; being the mansion-house, and land adjoining, in Summer Street, Boston, and the whole of his real estate in the county of Suffolk. By his last will he devised his real estate as follows: “ I give, bequeath, and devise, to my dear and beloved wife, Mary, one third part of all my real estate, for and during her natural…
1Opinion of the Court
Curia.
Both parties in this cause claim under B. Parsons, as holding in right of his wife; and the only questions which have been submitted to our consideration arise on the comparison of their respective titles under Parsons, and on the form of the present action.
As to the title, it is clear that the term for years, given to Mrs. Parsons by the will of her former husband, was merged, as to one third, in the estate for life given to her,' in the same will, in one third of the premises; or perhaps it may be more properly said that the term, as to one third of the premises, never legally…
2Cases cited4 opinions
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Upon the Petition of GayMassachusetts Supreme Judicial Court · 1809
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
- Roberts v. WhitingMassachusetts Supreme Judicial Court · 1819
3Cited by9 opinions
- Moulton v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1922
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
- Robinson v. DouglassSupreme Court of Vermont · 1827
- Carpenter v. ThayerSupreme Court of Vermont · 1843
- Hollenbeck v. McDonaldMassachusetts Supreme Judicial Court · 1873
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