Allen v. White
Massachusetts Supreme Judicial Court
Petition of the children of Phebe Allen, deceased, for partition of certain real estate in Westport, alleging that they were seised of one fourth part thereof. The answer of Elizabeth White, one of the respondents, denied the seisin of the petitioners in more than one eighth part. Char es White, the other respondent, made no answer.
Read the full summary
Petition of the children of Phebe Allen, deceased, for partition of certain real estate in Westport, alleging that they were seised of one fourth part thereof. The answer of Elizabeth White, one of the respondents, denied the seisin of the petitioners in more than one eighth part. Char es White, the other respondent, made no answer. The case came before this court on appeal from a judgment rendered in the superior court for the petitioners, for one fourth part, on an agreed statement of facts, by which it appeared that the real estate in dispute is the same which was devised to Frederick S.…
1Opinion of the CourtHoar, J.
The single question in the case is whether the devise in the first clause of the will of Richard Almy to his son Frederick, which lapsed by the death of Frederick in the lifetime of the testator, passed to the petitioners under the fourth clause of the will, or to the petitioners and Elizabeth White under the twelfth clause; and it is a question of no little difficulty. Either the fourth or the twelfth clause would have been sufficient to include the land in question, if it had stood alone ; and the uncertainty arises in determining which should control and qualify the other.
After specific…
2Cited by13 opinions
- Lamb v. . LambNew York Court of Appeals · 1892
- Neblett v. SmithSupreme Court of Virginia · 1925
- Martin v. SmithMassachusetts Supreme Judicial Court · 1878
- Pingrey v. RulonIllinois Supreme Court · 1910
- In re Will of BarrettSupreme Court of Iowa · 1900
8 more not listed; retrieve them via the Exa API.