Smith v. Rice
Massachusetts Supreme Judicial Court
Writ oe entry, dated November 29, 1901, to recover one undivided third part of about forty-five acres of land called Hardscrabble farm and of about twenty-five acres of land called Wildflower farm, in that part of Worcester called Tatnuck. In the Superior Court the case was heard upon agreed facts by Fessenden, J., who found for the tenant and ordered judgment for the tenant for costs. The demandant appealed.
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Writ oe entry, dated November 29, 1901, to recover one undivided third part of about forty-five acres of land called Hardscrabble farm and of about twenty-five acres of land called Wildflower farm, in that part of Worcester called Tatnuck. In the Superior Court the case was heard upon agreed facts by Fessenden, J., who found for the tenant and ordered judgment for the tenant for costs. The demandant appealed. Both the demandant and the tenant were grandchildren of Levi Moore of Worcester, the material portion of whose will is quoted by the court. Levi Moore, Junior, son of Levi, immediately…
1Opinion of the CourtBraley, J.
At the time of the making of the will and when it was probated, the only children and heirs at law of Levi Moore, the testator, were bis son, Levi Moore, Junior, his daughter Sarah M. Smith, mother of the demandant, Ella M. L. Rice, and Jeannie L. Rice, the tenant, children of his deceased daughter, Lucy Rice.
The parties to the suit and Ella M. L. Rice, now by marriage Ella M. L. Brown, are the only surviving heirs of the testator. The demandant as the only heir at law of Sarah M. Smith, claims one undivided third part of the premises described in his writ, and that the title to the remaining…
2Cases cited3 opinions
- Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
- Wood v. SeaverMassachusetts Supreme Judicial Court · 1893
- Johnson v. WhitonMassachusetts Supreme Judicial Court · 1893
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- Board of Levee Inspectors v. CrittendenCourt of Appeals for the Eighth Circuit · 1899
- Hall v. George W. Hall's EstateSupreme Court of Vermont · 1911