Legal Opinion

Shea v. Maitland

Massachusetts Supreme Judicial Court

Decided January 7, 1921PublishedCited by 7 opinions

Writ of entry, dated December 20, 1919. The land described in the writ included the real estate described in the sixth and seventh clauses of the will of Cornelius O’Brien described in the opinion.

1Opinion of the CourtCrosby, J.

This is a writ of entry brought in the Land Court by two of the grandchildren and heirs at law of Cornelius O’Brien, to recover undivided portions of certain real estate which was owned by him at the time of his death on October 3, 1893. He died testate, leaving six children and a widow; by his first wife he had four children; and by his second wife, two children, Michael and Cornelius.

In his will he made provision for all his children. The questions for our decision relate to the sixth and seventh articles of the will. Article sixth reads as follows:

“I devise and bequeath unto my wife Abby…

2Cases cited10 opinions

  1. Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
  2. Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
  3. Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
  4. Bailey v. BaileyMassachusetts Supreme Judicial Court · 1920
  5. Bragg v. LitchfieldMassachusetts Supreme Judicial Court · 1912

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Loring v. ClappMassachusetts Supreme Judicial Court · 1958
  2. Nickerson v. HardingMassachusetts Supreme Judicial Court · 1929
  3. Frye v. SaundersMassachusetts Supreme Judicial Court · 1924
  4. Wentworth v. BellMassachusetts Supreme Judicial Court · 1924
  5. New England Trust Co. v. ScheffeyMassachusetts Supreme Judicial Court · 1929

2 more not listed; retrieve them via the Exa API.

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