Sturdivant v. Frothingham
Supreme Judicial Court of Maine
This action, which was assumpsit, was submitted for the opinion of the Court on the following agreed statement of facts. One Thomas Beck, by his will, which was duly proved in Probate Court in the year 1830, devised certain real estate in Portland, to his daughter, Mary Chadbourne, wife of James Chadbourne, in terms which of themselves it was admitted imported U fee. Mrs. Chadbourne had children born alive during the coverture.
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This action, which was assumpsit, was submitted for the opinion of the Court on the following agreed statement of facts. One Thomas Beck, by his will, which was duly proved in Probate Court in the year 1830, devised certain real estate in Portland, to his daughter, Mary Chadbourne, wife of James Chadbourne, in terms which of themselves it was admitted imported U fee. Mrs. Chadbourne had children born alive during the coverture. In December, 1821, John Ulrick recovered judgment against James Chadbourne, for $867, which judgment he assigned to the plaintiff, April 29, 1822. On this judgment the…
1Opinion of the Court
The opinion of the Court was delivered at a subsequent term by
Mellen C. J.
In this case several questions have been presented for our consideration, and we will consider them in their natural order. The premises, the rents of which are demanded of the defendant, were once the property of Thomas Beck; and the first question is, what was the nature of the estate devised by him to his daughter Mary, the present wife of James Chadbourne. It is admitted it was a fee simple, created by apt words and those usually employed for the purpose, and by no others. But it is urged that the testator intended…
2Cases cited4 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Whitman v. TylerMassachusetts Supreme Judicial Court · 1811
- Tate v. AndersonMassachusetts Supreme Judicial Court · 1812
- Roberts v. WhitingMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Avery v. BowmanSupreme Court of New Hampshire · 1860