Merrick v. Betts
Massachusetts Supreme Judicial Court
Writ of entry, dated October 14, 1909. The case was heard in the Land Court by Clark, J., who found for the demandants. On appeal to the Superior Court, issues were framed, of which the following are material to the decision: “1. What relation, if any, did the demandants, and each and all of them, bear to the testator, Frederick Merrick? “2. Did said Frederick Merrick at the time of his decease leave any issue? If so, whom?” The issues were tried before Morton, J. The…
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Writ of entry, dated October 14, 1909. The case was heard in the Land Court by Clark, J., who found for the demandants. On appeal to the Superior Court, issues were framed, of which the following are material to the decision: “1. What relation, if any, did the demandants, and each and all of them, bear to the testator, Frederick Merrick? “2. Did said Frederick Merrick at the time of his decease leave any issue? If so, whom?” The issues were tried before Morton, J. The demandants claimed title under the will of one Frederick Merrick, by which the locus, after the death of certain life tenants,…
1Opinion of the CourtSheldon, J.
The report made by the judge of the Land Court of his decision and findings of fact rightly was admitted, and furnished prima fade evidence as to the matters therein contained, because the action was brought in 1909, while St. 1905, c. 288, was in force. It comes within the saving clause of St. 1910, c. 560, § 8, as to any cause then pending. Bishop v. Burke, 207 Mass. 133, 139. Bigelow Carpet Co. v. Wiggin, 209 Mass. 542, 548. Accordingly the tenant’s first and fourth requests for rulings could not have been given. The matter of the second request was a question of fact for the jury, and so…
2Cases cited15 opinions
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Smith v. StateSupreme Court of Alabama · 1846
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Irving v. FordMassachusetts Supreme Judicial Court · 1903
- Hall v. United StatesSupreme Court of the United States · 1876
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3Cited by1 opinion
- Merrick v. BettsMassachusetts Supreme Judicial Court · 1914