North v. Philbrook
Supreme Judicial Court of Maine
Petition foe. Partition. The case appeared to be as follows: — Joseph North and Hannah, his wife, were seized in her right of a valuable tract of land in Augusta.
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Petition foe. Partition. The case appeared to be as follows: — Joseph North and Hannah, his wife, were seized in her right of a valuable tract of land in Augusta. On the 7th of Jan’y, 1814, they conveyed it by deed of warranty to H. W. Fuller, “ to have and to hold the same to said Fuller in trust to and for the uses” following, viz : — First, to and for the use of said Joseph and Hannah, and each of them, during their natural lives, excepting a small piece, called A, “ which piece A is to go into the immediate possession of the said Fuller, for the use and benefit of our son Qershom North…
1Opinion of the CourtRice, J.
This is a petition for partition. The rights of the petitioner depend upon the provisions of a deed from Joseph North and Hannah North to Henry W. Fuller, dated Jan’y 7, 1814, and a deed from Gershom North to James P. Philbrook, dated Nov. 17, 1846.
The original estate was in Joseph North and Hannah North, his wife, in right of the Avife. Gershom North was a son of Joseph and Hannah, who also had other children and heirs, and the petitioner is a daughter of Gershom.
Hannah North, one of the grantors to Fuller, died in Feb. 1819, and Joseph North, the other grantor to Fuller, died April 17,…
2Cases cited1 opinion
- Welch v. AllenNew York Supreme Court · 1839
3Cited by2 opinions
- Ewing v. JonesIndiana Supreme Court · 1892
- Melick v. PidcockSupreme Court of New Jersey · 1888