Newhall v. Sadler
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein the said Hetty demanded seisin and possession of one sixth part of the premises described in the writ, as daughter and one of the heirs of Jonathan Newhall, who died seised of the same in March, 1800. At the trial of the action, which was had here at the last April term, upon the general issue joined, before the chief justice, the seisin of the said Jonathan was admitted, and also the heirship of the demandant, as stated in her writ.
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This was a writ of entry, wherein the said Hetty demanded seisin and possession of one sixth part of the premises described in the writ, as daughter and one of the heirs of Jonathan Newhall, who died seised of the same in March, 1800. At the trial of the action, which was had here at the last April term, upon the general issue joined, before the chief justice, the seisin of the said Jonathan was admitted, and also the heirship of the demandant, as stated in her writ. The defence was, that the said Jonathan having died intestate, certain commissioners appointed by warrant from the judge of…
1Opinion of the CourtParker, C. J.
The decree of the judge "of probate, assigning the whole of the real estate of Jonathan Newhall, to Thomas F. Newhall, the eldest son, upon condition of his paying to the respective heirs their proportion of the appraised value, was not conformable to the statute authorizing such assignment. That statute empowers the judge of probate, in the case therein provided, to order the whole estate to the eldest son, &c., he paying the other children of the deceased their equal and proportionable shares of the true value thereof, upon an appraisement to be made as therein is provided *109or giving good…
2Cited by4 opinions
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- Robbins v. GleasonSupreme Judicial Court of Maine · 1859
- White v. ClappMassachusetts Supreme Judicial Court · 1844
- Jenks v. HowlandMassachusetts Supreme Judicial Court · 1855