Shaw v. Hearsey
Massachusetts Supreme Judicial Court
This case came before the Court upon a statement of facts agreed by the parties, from which it appears that Thomas Hearsey and Mary his wife, the grand-parents of the respondents, in May, 1757, purchased the lands, of which partition is demanded, of one Jacob Hearsey, to hold the same to them, their heirs and assigns.
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This case came before the Court upon a statement of facts agreed by the parties, from which it appears that Thomas Hearsey and Mary his wife, the grand-parents of the respondents, in May, 1757, purchased the lands, of which partition is demanded, of one Jacob Hearsey, to hold the same to them, their heirs and assigns. Under this conveyance the said Thomas and Mary entered and were seised in fee simple, and continued so seised until the death of the said Mary in 1801, in the life of her husband Thomas, who continued in his seisin until his death in 1807. The said Thomas in 1804 made his will,…
1Opinion of the CourtParsons, C. J.
It is very certain that- the conveyance to Thomas Hearsey and his wife was to them as joint tenants. The petitioners must rely on the statute of 1785, c. 62., considering that by its operation this joint tenancy was changed into a tenancy in common. In the fourth section of the statute, after reciting that joint tenancies are often created by grantors and devisors against their intentions, through ignorance of the proper terms to create tenancies in common, which are more beneficial to the commonwealth, and consonant to the genius of republics, it is enacted that all conveyances and devises,…
2Cases cited2 opinions
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
3Cited by41 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Bernatavicius v. BernataviciusMassachusetts Supreme Judicial Court · 1927
- Chandler v. CheneyIndiana Supreme Court · 1871
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Pray v. StebbinsMassachusetts Supreme Judicial Court · 1886
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