Legal Opinion

Wells v. Prince

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 16 opinions

“ Elizabeth Prince is attached to answer unto Ebenezer Wells, in a plea of land, wherein the said Ebenezer demands against the said Elizabeth one undivided fifth part of the following pieces of land situate in said Boston, &c.

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“ Elizabeth Prince is attached to answer unto Ebenezer Wells, in a plea of land, wherein the said Ebenezer demands against the said Elizabeth one undivided fifth part of the following pieces of land situate in said Boston, &c. And whereupon the said Ebenezer complains, and says, that Francis Wells, of said Boston, Esquire, his father, at said Boston, on the third day of October, in the year oí our Lord 1766, being seised of all and singular the above-described lands and tenements, with the appurtenances, in his demesne as of fee, taking the profits thereof to the yearly value of one thousand…

1Opinion of the Court

The opinion of the Court was delivered as follows by

Parsons, C. J.

It appears from the count that the plaintiff demands one fifth part of certain lands therein described. The title he shows is, that his father, Francis, being seised in fee, devised the lands to his mother, Susanna, for life, remainder in fee equally to him and to his twelve brothers and sisters ; that his father died seised ; that thereupon his mother was seised for her life; and upon her death, and upon the death without issue of eight of his brothers and sisters, he claims one fifth of the premises in fee, and of which he is…

2Cited by16 opinions

  1. Henry v. ThorpeSupreme Court of Alabama · 1848
  2. Criswell v. AltemusSupreme Court of Pennsylvania · 1838
  3. Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
  4. French v. FrenchSuperior Court of New Hampshire · 1825
  5. Stilson v. TobeyMassachusetts Supreme Judicial Court · 1807

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