Collamore v. Collamore
Massachusetts Supreme Judicial Court
Writ of entry, dated January 25, 1890, to recover a parcel of land in Boston. Plea, nul disseisin. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The evidence showed that George Makepeace, by a warranty deed dated September 27, 1799, duly acknowledged and recorded on September 28,1799, conveyed the demanded premises to John Hoffman, who was the demandant’s great-grandfather and the tenant’s grandfather.
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Writ of entry, dated January 25, 1890, to recover a parcel of land in Boston. Plea, nul disseisin. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The evidence showed that George Makepeace, by a warranty deed dated September 27, 1799, duly acknowledged and recorded on September 28,1799, conveyed the demanded premises to John Hoffman, who was the demandant’s great-grandfather and the tenant’s grandfather. He died in December, 1812, leaving two children, John B. Hoffman and Maria Eliza Hoffman, surviving. The will of John Hoffman,…
1Opinion of the CourtField, C. J.
It is conceded by the counsel of the tenant that the devise of John Hoffman to his daughter, “ Maria Eliza Hoffman, and her heirs born of her body forever,” created an *78estate tail, and that on her death the estate descended to her oldest son, Gilman Collamore, of whom the demandant, is the oldest son. Corbin v. Healy, 20 Pick. 514. Maria Eliza died on November 15, 1845. It is contended, among other things, by the counsel of the tenant, that Gilman Collamore barred the entail by his deed of December 12,1846, to John A. Andrew, trustee. Gilman died on July 26, 1884. On the facts stated in the…
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