Ford v. Ticknor
Massachusetts Supreme Judicial Court
Petition to the Probate Court, for partition of land in Great Barrington, removed into the Superior Court. Trial without a jury, before Bishop, J., who entered a decree for partition as prayed for, and reported the case for the determination of this court, in substance as follows. The property which formerly belonged to Horace Ticknor descended on his death, in 1861, to his four children, in equal shares.
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Petition to the Probate Court, for partition of land in Great Barrington, removed into the Superior Court. Trial without a jury, before Bishop, J., who entered a decree for partition as prayed for, and reported the case for the determination of this court, in substance as follows. The property which formerly belonged to Horace Ticknor descended on his death, in 1861, to his four children, in equal shares. By deed dated February 7, 1862, two of the children conveyed their shares to the other two, viz. to Roselia M. Ford (the wife of Enos Ford hereinafter mentioned) and Morton H. Ticknor, each…
1Opinion of the CourtBarker, J.
1. The question raised at the trial in the Superior Court, as to the effect of the deed from Morton H. TiCbnor to Enos Ford, is not argued by the respondent. We treat it as waived, and assume that, as found by the Superior Court, from the time of the delivery of that deed to the time of the death of Enos Ford, he and his wife, Roselia M. Ford, were tenants in common of the land now sought to be partitioned, each owning one undivided half.
2. Roselia M. Ford had no power to dispose by will of the one undivided half of the land of which her husband died seised. Hi's family consisted of his wife…
2Cases cited1 opinion
- Burbank v. SweeneyMassachusetts Supreme Judicial Court · 1894
3Cited by20 opinions
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- Brunson v. MartinIndiana Supreme Court · 1899
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