Barnes v. Boardman
Massachusetts Supreme Judicial Court
Petition for partition of four pai’cels of land on Howard Street and Hampshire Street, formerly North Oak Street, in Lawrence. The case was submitted to the Superior Court, and, after judgment for the respondents, to this court, on appeal, on an agreed statement of facts, in substance as follows.
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Petition for partition of four pai’cels of land on Howard Street and Hampshire Street, formerly North Oak Street, in Lawrence. The case was submitted to the Superior Court, and, after judgment for the respondents, to this court, on appeal, on an agreed statement of facts, in substance as follows. The petitioners were the children and heirs at law of Charles W. Boardman, a son of Benjamin G. Boardman, senior; and the respondents were the legal representatives of Benjamin G. Boardman, junior, of Edwin A. Boardman and of Moses B. Boardman, the remaining sons of Benjamin G. Boardman, senior, of…
1Opinion of the CourtC. Allen, J.
1. The respondents contend that the testator left all of his land to his widow, absolutely j and if this is so, the title of the petitioners to the lands of which partition is sought wholly fails. But such is not the true construction of the will. The two clauses most material to be considered are the following, one of which is near the beginning, and the other near the end of his will: “ Firstly, I give to my wife, Sarah, my dwelling-house as now stands, together with all the land, furniture, silver plate, spoons, notes, mortgages with the notes- to- the same, my books, papers, etc.,…
2Cases cited4 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Batesville Institute v. KauffmanSupreme Court of the United States · 1873
- Morris v. BaconMassachusetts Supreme Judicial Court · 1877
- Hall & Co. v. RenfroCourt of Appeals of Kentucky · 1860
3Cited by46 opinions
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Woods v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
- Galvin v. U.S. Bank, N.A.Court of Appeals for the First Circuit · 2017
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
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