Pratt v. Pratt
Massachusetts Supreme Judicial Court
Petition to have an estate of homestead set off from an estate in Weymouth, under the Pub. Sts. c. 128. • Hearing in the Superior Court without a jury, before Hopkins, J., who found for the petitioner, and ordered partition as prayed for, and, at the request of the respondent, reported the case for the determination of this court in substance as follows.
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Petition to have an estate of homestead set off from an estate in Weymouth, under the Pub. Sts. c. 128. • Hearing in the Superior Court without a jury, before Hopkins, J., who found for the petitioner, and ordered partition as prayed for, and, at the request of the respondent, reported the case for the determination of this court in substance as follows. David Pratt, the husband of the petitioner and the father of the respondent, was, from a period prior to 1840 until his death in 1889, the owner of premises in Weymouth which contained a single house built for one family and having but one…
1Opinion of the CourtLathrop, J.
It is conceded that David Pratt, the husband of the petitioner, had, at the time of his death in 1889, an estate of homestead, acquired under the St. of 1855, c. 238, which continued under the St. of 1857, c. 298, § 18, the Gen. Sts. c. 104, § 3, and the Pub. Sts. c. 123, § 3. The extent of this estate is in controversy. From a time prior to 1840 down to his death he was the owner of the premises described in the petition. The house was a single one, with one front door, and was built for one family. Since 1852, his son, the respondent, with his family, was allowed to live in a portion of the…
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