Dudley v. Sumner
Massachusetts Supreme Judicial Court
This was a writ of formedon in the descender, in his count, upon which the demandant alleges that on the 13th day of June, 1767, one Joseph Dudley, of Boston, was seised in fee simple of the demanded premises, and being so seised on that day, made his last will and testament, * and thereby devised the [ * 439 ] demanded premises to his wife, Abigail Dudley, for the term of her natural life, remainder in tail-male to William Dudley, whose eldest son and heir in tail the…
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This was a writ of formedon in the descender, in his count, upon which the demandant alleges that on the 13th day of June, 1767, one Joseph Dudley, of Boston, was seised in fee simple of the demanded premises, and being so seised on that day, made his last will and testament, * and thereby devised the [ * 439 ] demanded premises to his wife, Abigail Dudley, for the term of her natural life, remainder in tail-male to William Dudley, whose eldest son and heir in tail the demandant alleges himself to be; that the devisor died on the first day of January, 1774; that the will was duly proved; that…
1Opinion of the Court
At the last March term in Suffolk, Sedgwick, Sewall, and Par ker, justices, delivered their opinions seriatim.
* Parker, J.
The questions arising upon these pleadings, voluminous as they are, may be reduced to three, and may be presented in the following shape:—
1. Whether the issue, joined upon the first plea of non devisavit, was the general issue, so that the judge was incorrect in directing that the mere production of the will, regularly executed and proved, was sufficient to maintain that issue, without requiring of the demandant proof of all the material facts alleged in his count. As this…
2Cases cited2 opinions
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Pidge v. TylerMassachusetts Supreme Judicial Court · 1808
3Cited by17 opinions
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Killam v. MarchMassachusetts Supreme Judicial Court · 1944
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Test Oil Co. v. LaTouretteSupreme Court of Oklahoma · 1907
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
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