Sheffield v. Lovering
Massachusetts Supreme Judicial Court
* This was a writ of entry sur disseizin, in which, upon [*490 ] the general issue joined, the jury returned a special verdict. The following are the material facts appearing from the verdict. Elisha Marsh died in the year 1797, seized of the premises, oí which the demandant claims one fourth part. The said Elisha left only one child, Mary Marsh, by his wife, Lydia, The said Lydia afterwards, in the year 1801, married the present tenant, Jesse Lovering.
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* This was a writ of entry sur disseizin, in which, upon [*490 ] the general issue joined, the jury returned a special verdict. The following are the material facts appearing from the verdict. Elisha Marsh died in the year 1797, seized of the premises, oí which the demandant claims one fourth part. The said Elisha left only one child, Mary Marsh, by his wife, Lydia, The said Lydia afterwards, in the year 1801, married the present tenant, Jesse Lovering. She is still living, but has had no issue by the said Lovering. The said Mary, upon the death of her said father, entered upon the premises…
1Opinion of the CourtJackson, J.
The question arising out of this verdict is, whether the brothers and sisters of the half-blood can claim as heirs to Mary Marsh, or whether the whole of her estate descended to her mother.
This could not be made a question at the common law ; but with us, from the first settlement of the country, the rules of the descent and distribution of real and personal estate have generally been alike, and they depend wholly on our * own statutes. The [ *491 ] provincial act of 4 Will. & Mar., c. 2, for the settlement and distribution of the estates of intestates, adopts substantially the provisions of the…
2Cited by29 opinions
- Meek v. PerryMississippi Supreme Court · 1858
- Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
- Garnett v. GarnettMassachusetts Supreme Judicial Court · 1874
- Waddy v. GrimesSupreme Court of Virginia · 1930
- Redden v. BakerIndiana Supreme Court · 1882
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