Motherway v. Wall
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 27, 1893, to obtain the cancellation of a deed alleged to have been procured by fraud.
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Bill in equity, filed in the Superior Court on February 27, 1893, to obtain the cancellation of a deed alleged to have been procured by fraud. The bill alleged that Mary Motherway, the wife of the plaintiff, died on February 16,1893, without issue, leaving as her next of kin three brothers and a sister; that she was seised of real estate which, with.all her other property, by her will, dated December 30, 1892, she bequeathed and devised to her two brothers, Thomas and John Duggan, and to her sister, Kate Cullinan ; that the plaintiff at no time gave his written consent to the will, nor did he…
1Opinion of the CourtMorton, J.
We understand that the plaintiff excepted to the ruling that there was not sufficient evidence to warrant the jury in finding that the deed was procured by fraud. The principal questions are whether there was evidence, including any which should have been admitted, tending fairly to show that the defendant obtained the deed by fraud, and whether, if there was, the plaintiff is entitled to relief.
We think that there was evidence on which the jury fairly might have found that the deed was procured by fraud. The plaintiff’s wife died seised of the real estate in question, which was less inwalue…
2Cases cited7 opinions
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Lavery v. EganMassachusetts Supreme Judicial Court · 1887
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1893
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