Holyoke v. Haskins
Massachusetts Supreme Judicial Court
This was a writ of right, wherein the demandant claimed title to one undivided eighth part of certain land, as heir at law of Silence Eliot, who was alleged to have died seised of the same within forty years before the commencement of the *uit.
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This was a writ of right, wherein the demandant claimed title to one undivided eighth part of certain land, as heir at law of Silence Eliot, who was alleged to have died seised of the same within forty years before the commencement of the *uit. At the trial, before Parker C. J., it was admitted, that John Eliot died seised of the demanded premises, leaving Silence, Sarah, and Joseph Eliot his children and heirs ; that in the division of his estate, the demanded premises were assigned to Silence and Sarah ; and that Silence was seised thereof within forty years. Silence and Sarah were bom deaf…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The principal points made in this case were settled, and we think rightly settled, in the case of Cutts & al. v. Haskins, 9 Mass. R. 543. On the same facts now disclosed, it was decided that the domicil of Silence and Sarah Eliot, at the time of their decease, was in the town of Natick in the county of Middlesex ; that the power of granting administration of their estates appertained exclusively to the judge of probate of that county ;1 and consequently, that the grant of administration by the judge of probate for the county of Suffolk, and the…
2Cases cited3 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
3Cited by4 opinions
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Town of Carlton v. State Department of Public WelfareWisconsin Supreme Court · 1956
- Cadwalader v. PyleSupreme Court of Kansas · 1915
- School Committee of Stoneham v. AntonnucciMassachusetts Superior Court · 1996