Watson v. Watson
Massachusetts Supreme Judicial Court
Petition by James M. Watson, Edward W. Watson and Albert M. Watson, for the partition of certain lands on Clark’s Island in the harbor of Plymouth, formerly owned by the grandfather of the petitioners, who was the great-grandfather of the respondent, and who died intestate; and which by various conveyances had become the common and undivided property of the petitioners and of an uncle of theirs, in the following proportions : James, six forty-eighths; Edward, seven…
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Petition by James M. Watson, Edward W. Watson and Albert M. Watson, for the partition of certain lands on Clark’s Island in the harbor of Plymouth, formerly owned by the grandfather of the petitioners, who was the great-grandfather of the respondent, and who died intestate; and which by various conveyances had become the common and undivided property of the petitioners and of an uncle of theirs, in the following proportions : James, six forty-eighths; Edward, seven forty-eighths; Albert, six forty-eighths; and the uncle, twenty-nine forty-eighths ; and so continued at the death of the uncle,…
1Opinion of the CourtGray, C. J.
The principle on which the respondent relies was thus stated by Chief Justice Shaw: “ It is now a well settled rule in equity, that, if any person shall take any beneficial interest under a will, he shall he held thereby to confirm and ratify every other part of the will, or, in other words, a man shall not take any beneficial interest under a will, and at the same time set up any right or claim of his own, even if otherwise legal and well founded, which shall defeat or in any way prevent the full effect and operation of every part of the will.” Hyde v. Baldwin, 17 Pick. 303, 308.
In this…
2Cases cited2 opinions
- Brown v. BrownMassachusetts Supreme Judicial Court · 1871
- Shelbyville Trustees v. Shelbyville & Eminence Turnpike Co.Court of Appeals of Kentucky · 1858
3Cited by49 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Carper v. CrowlIllinois Supreme Court · 1894
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- In re the Estate of StoneSupreme Court of Iowa · 1906
- Turcotte v. TrevinoCourt of Appeals of Texas · 1973
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