O'Brien v. Mahoney
Massachusetts Supreme Judicial Court
Petition by one of the two heirs at law of Dennis Mahoney against the other for partition of certain real estate in Hyde Park, filed in the Probate Court for the County of Norfolk April 1, 1898. In the Probate Court, Flint, J., ordered partition as prayed, and the respondent appealed.
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Petition by one of the two heirs at law of Dennis Mahoney against the other for partition of certain real estate in Hyde Park, filed in the Probate Court for the County of Norfolk April 1, 1898. In the Probate Court, Flint, J., ordered partition as prayed, and the respondent appealed. The case came on to be heard on appeal before Lathrop, J., who, at the request of the parties, reserved it for the consideration of the full court upon the petition, the decrees thereon, and the agreed facts. The following appeared by the agreed facts : The premises mentioned and described in the petition were…
1Opinion of the CourtHammond, J.
Upon this petition filed in the Probate Court by one of the two heirs of Dennis Mahoney, deceased, intestate, the court ordered a partition to be made. The respondent appealed, and in support of the appeal insists that the settlement of the estate has not reached such a stage as to make it proper to order partition, because there is a large claim still pending against the estate and the land in question is liable to be sold for the payment of debts. It appears in the statement of agreed facts that the uncontested charges against the estate exceed the amount of personal property shown in the…
2Cases cited5 opinions
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3Cited by10 opinions
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