Baker v. Baker
Massachusetts Supreme Judicial Court
Appeal by the father of John L. Baber, who died intestate without issue living at the time of his decease, from a decree of the Probate Court assigning to the petitioner, the widow of the intestate, his real estate to an amount not exceeding five thousand dollars in value. The respondent was in possession of the real estate as tenant by the curtesy, and the only interest of the intestate at the time of his decease was a reversion.
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Appeal by the father of John L. Baber, who died intestate without issue living at the time of his decease, from a decree of the Probate Court assigning to the petitioner, the widow of the intestate, his real estate to an amount not exceeding five thousand dollars in value. The respondent was in possession of the real estate as tenant by the curtesy, and the only interest of the intestate at the time of his decease was a reversion. Barker, J. reserved the case for the consideration of the full court.
1Opinion of the CourtLathrop, J.
On the principal question argued, we do not see that the case before us differs in any essential particular from Watson v. Watson, 150 Mass. 84. In that case it was held that, under the Pub. Sts. c. 124, § 3, a widow was not entitled to an estate in fee not exceeding five thousand dollars in lands in which the only interest of her husband was a vested remainder. The only difference between that case and this is that here the interest of the husband was a reversion, inasmuch as he took by descent, subject to the right of curtesy of his father.
■ The estate taken by reversion in the case at bar,…
2Cases cited4 opinions
- Allen v. LibbeyMassachusetts Supreme Judicial Court · 1885
- Watson v. WatsonMassachusetts Supreme Judicial Court · 1889
- Norcross v. NorcrossMassachusetts Supreme Judicial Court · 1870
- Craig v. NorthCourt of Appeals of Kentucky · 1860
3Cited by7 opinions
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
- McGuire v. CookSupreme Court of Arkansas · 1911
- Walden v. WaldenMassachusetts Supreme Judicial Court · 1913
- Williams v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1902
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