Brettun v. Fox
Massachusetts Supreme Judicial Court
Petition by the widow of Seth Brettun for an estate of homestead to be set off to her in a dwelling-house and land in Raynham; submitted to the judgment of the superior court, and, on appeal, of this court, on these facts agreed: Seth Brettun, to whom the petitioner was married before January 1, 1855, owned at that date, and until his death in 1860, the dwelling-house and land ; occupied them, during that time, with the petitioner; by his will gave to the petitioner an…
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Petition by the widow of Seth Brettun for an estate of homestead to be set off to her in a dwelling-house and land in Raynham; submitted to the judgment of the superior court, and, on appeal, of this court, on these facts agreed: Seth Brettun, to whom the petitioner was married before January 1, 1855, owned at that date, and until his death in 1860, the dwelling-house and land ; occupied them, during that time, with the petitioner; by his will gave to the petitioner an estate for life in one undivided third of the same, and the remainder in fee to his son, from whom the respondent derived his…
1Opinion of the CourtGray, J.
By the St. of 1855, c. 238, it was declared that the homestead, occupied and owned by a householder having a family, should be exempted to the value of eight hundred dollars from sale or levy on execution; that no release or waiver of such exemption should be valid unless by deed, and no conveyance thereof by the husband valid without his wife’s joining therein; and that such exemption should continue after his death, for the benefit of his widow and children, “ some one of them continuing to occupy the homestead,” until the coming of age of the youngest child and the death of the widow. St,…
2Cases cited2 opinions
- Small v. Franklin Mining Co.Massachusetts Supreme Judicial Court · 1868
- Abbott v. AbbottMassachusetts Supreme Judicial Court · 1867
3Cited by32 opinions
- Minot v. WinthropMassachusetts Supreme Judicial Court · 1894
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- State v. AlstonTennessee Supreme Court · 1895
- Merchants National Bank v. Merchants National BankMassachusetts Supreme Judicial Court · 1945
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