White v. Clapp
Massachusetts Supreme Judicial Court
Writ of entry, dated April 7th 1844, to recover four undivided sixth parts of three parcels of land in Scituate, formerly part of the estate of Timothy White, and of which he died seized! At the trial before Hubbard, J. it was agreed by the parties that Timothy White died on the 5th of April 1824, leaving six children, namely, Timothy his oldest son, Almira, Catharine Oakman, Sarah, Howard, and Joseph who was a minor at the time of his father’s death.
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Writ of entry, dated April 7th 1844, to recover four undivided sixth parts of three parcels of land in Scituate, formerly part of the estate of Timothy White, and of which he died seized! At the trial before Hubbard, J. it was agreed by the parties that Timothy White died on the 5th of April 1824, leaving six children, namely, Timothy his oldest son, Almira, Catharine Oakman, Sarah, Howard, and Joseph who was a minor at the time of his father’s death. The four latter were the demand-ants in this action. The tenant, to maintain his defence, showed an application, made to the judge of probate…
1Opinion of the CourtHubbard, J.
It is admitted, by both parties, that the judge of probate had a general jurisdiction in regard to the partition of real estate among the heirs or devisees of deceased persons, and that, upon a proper application to him, he could have lawfully directed a partition of the estate of Timothy White. It appears that there was a request to him to have the estate divided among the heirs, and that a committee was duly appointed for that purpose, who notified, met, and heard the parties, and made a return of their doings. By this return, it appears that the estate could not be divided, and set off to…
2Cases cited2 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Newhall v. SadlerMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Comins v. SharkanskyMassachusetts Superior Court · 1993