Cleverly v. Cleverly
Massachusetts Supreme Judicial Court
Writ oe entry, dated August 30, 1876, to recover a parcel of laud in Weymouth. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The demandant claimed title to the demanded premises under the following clause in the will of Asa P. Cleverly, who died on July 22, 1871: “ Second, After payment of my said debts and funeral expenses, I give to my brother, Samuel Cleverly, the…
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Writ oe entry, dated August 30, 1876, to recover a parcel of laud in Weymouth. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The demandant claimed title to the demanded premises under the following clause in the will of Asa P. Cleverly, who died on July 22, 1871: “ Second, After payment of my said debts and funeral expenses, I give to my brother, Samuel Cleverly, the dwelling-house and stable which my said brother now occupies in the town of Weymouth, Massachusetts, and the lot of land on which…
1Opinion of the CourtLord, J.
The demandant claims title to the demanded premises under the will of his brother, Asa P. Cleverly. The demanded premises, on which stood a market house, were not in the occupation of the demandant at the time of the making of the will, nor at the testator’s death, and had not been at any time within twenty years of his death. The demandant claims that, although the demanded premises would not pass under .the phrase, “ the dwelling-house and stable which my said brother occupies,” the devise is enlarged by the use of the subsequent language, to wit, “ and the lot of land on which said house…
2Cases cited1 opinion
- Melcher v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Polsey v. NewtonMassachusetts Supreme Judicial Court · 1908
- Von Rohr v. NeelyCalifornia Court of Appeal · 1946
- Parish v. VanceAppellate Court of Illinois · 1903
- Shapiro v. MasorAppellate Court of Illinois · 1926