Wellman v. Lawrence
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon the following statement of facts agreed by the parties: — Some time previous to the year 1801, Adam Wellman died seised of an undivided moiety of a parcel of land, as tenant in common with his mother Mercy Wellman, and the same lawfully descended to Rebecca PVood,, his only heir at law.
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This was a writ of entry sur disseisin, and was submitted to the decision of the Court upon the following statement of facts agreed by the parties: — Some time previous to the year 1801, Adam Wellman died seised of an undivided moiety of a parcel of land, as tenant in common with his mother Mercy Wellman, and the same lawfully descended to Rebecca PVood,, his only heir at law. Upon the petition of the said Rebecca for partition, in which she described herself as tenant in common of said real estate, with others to her unknown, and due process being had thereon, the undivided moiety, so…
1Per curiam
We are fully of opinion that the demandant can-
not prevail in this action; and this upon two grounds. In the first place, we think that the administrator had no authority to make the sale, under the license, at the period he did. We have already decided that a license is not to be granted, unless to raise money for the payment of debts which the administrator is by law compellable to pay. In * the present case there can be no question that, at the time of his obtaining the
license, there were demands of that description existing against the estate of his intestate. But when he made the sale,…
2Cases cited3 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
3Cited by9 opinions
- Case v. JohnsonIndiana Supreme Court · 1883
- Howard v. MooreMichigan Supreme Court · 1851
- Raymond v. GilmanSupreme Court of Connecticut · 1930
- Altobelli v. MontesiMassachusetts Supreme Judicial Court · 1938
- Crowley v. HydeMassachusetts Supreme Judicial Court · 1875
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