Legal Opinion

Ray v. Enslin

Massachusetts Supreme Judicial Court

Decided February 15, 1799PublishedCited by 18 opinions

In this action the demandant, Deborah Ray, claimed her dower in certain estates, as the widow of Caleb Ray, deceased. The cause was submitted to the Court on a statement of facts, the substance of which is contained in the following abridged sketch: — James King, being seised in fee of the premises, in 1710 made his last will and testament, and therein devised the same as follows, viz.: — , “ All the rest and residue of my estate, real and personal, in possession or…

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In this action the demandant, Deborah Ray, claimed her dower in certain estates, as the widow of Caleb Ray, deceased. The cause was submitted to the Court on a statement of facts, the substance of which is contained in the following abridged sketch: — James King, being seised in fee of the premises, in 1710 made his last will and testament, and therein devised the same as follows, viz.: — , “ All the rest and residue of my estate, real and personal, in possession or reversion, whatever or wheresoever, I give unto my loving wife, for and during her natural life ; and after her decease, unto my…

1Opinion of the Court

The Court,

—viz., Dana, C. J., Paine, Bradbury, Cushing, ana Dawes, Justices, were unanimously of opinion that the daughter of James King took an estate in fee simple, defeasible upon a contingency seasonably determinable; that the conveyances through Hill *505were therefore valid; that Caleb Ray died seised of the land, and that the present action for dower is maintained. (a)

Vide Annable vs. Patch, 3 Pick. 360. — Hawley vs. Northampton, 6 Mass. Rep. 1. — Dutton vs. Egan, Cro. Jac. 427. — Hayes on Limitations, pp. 28—46. — Nanfau vs. Legh, 7 Taunt. 85. — Jesson vs. Wright, 2 Bligh, 1. — Sonday’s…

2Cases cited2 opinions

  1. Holmes v. WoodMassachusetts Supreme Judicial Court · 1809
  2. Hoxton v. ArcherCourt of Appeals of Maryland · 1831

3Cited by18 opinions

  1. Abbott Et Ux. v. Essex CompanySupreme Court of the United States · 1856
  2. Harris v. ParkerSupreme Court of Alabama · 1868
  3. Lytle v. HulenOregon Supreme Court · 1928
  4. Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
  5. Lippett v. HopkinsU.S. Circuit Court for the District of Rhode Island · 1813

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