Haven v. Foster
Massachusetts Supreme Judicial Court
Assumpsit for money had and received, and money paid. The parties stated a case. On the I9th of September, 1819, Andrew Craigie, of Cambridge in this Commonwealth, died there, intestate, seised in fee simple of certain land in the State of New York, and of real estate of greater value in Massachusetts, leaving bis niece Elizabeth, the wife of the plaintiff, and his three nephews, Andrew Foster, John Foster, and the defendant, his heirs at law, the niece being the child of…
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Assumpsit for money had and received, and money paid. The parties stated a case. On the I9th of September, 1819, Andrew Craigie, of Cambridge in this Commonwealth, died there, intestate, seised in fee simple of certain land in the State of New York, and of real estate of greater value in Massachusetts, leaving bis niece Elizabeth, the wife of the plaintiff, and his three nephews, Andrew Foster, John Foster, and the defendant, his heirs at law, the niece being the child of the intestate’s sister Elizabeth, and the nephews the children of his sister Mary, and all four being children of the same…
1Opinion of the Court
Morton J.
[After stating some of the facts.] By the .«tatute of distributions of this State these heirs, standing in the *128same degree of relationship to the intestate, inherited his estate ™ equal proportions. But by the statute of New York, which carries the doctrine of representation farther than the law of this State, or indeed than the civil or common law, these heirs inherited per stirpes and not per capita. So that the estate in New York descended, one half to the wife of the plaintiff, and the other half to the defendant and his two brothers ; being one sixth instead of one quarter to…
2Cases cited9 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Mowatt v. WrightNew York Supreme Court · 1828
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
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3Cited by2 opinions
- Girard Trust Co. v. HarringtonSuperior Court of Pennsylvania · 1903
- Brooks v. Griggs Casing Crews, Inc.Louisiana Court of Appeal · 1961