Ruggles v. Jewett
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Worcester granting a petition for the partition of certain real estate in the town of Hardwick which was filed on September 7, 1911. The appeal was heard by Rugg, C. J., upon an agreed statement of facts, by which the following facts appeared: Mary Ann Orcutt, who was the mother of the petitioner and the respondent, died on February 24, 1893. She left a will containing the following provisions: “First.
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Appeal from a decree of the Probate Court for the county of Worcester granting a petition for the partition of certain real estate in the town of Hardwick which was filed on September 7, 1911. The appeal was heard by Rugg, C. J., upon an agreed statement of facts, by which the following facts appeared: Mary Ann Orcutt, who was the mother of the petitioner and the respondent, died on February 24, 1893. She left a will containing the following provisions: “First. I give and bequeath to my daughters Emma B. and May M. Orcutt the home place which was deeded to me by my husband Almon M. Orcutt,…
1Opinion of the CourtBugg, C. J.
This is a petition for partition of real estate alleged to be held by the petitioner and the respondent in moieties as tenants in common. It is brought under R. L. c. 184, §§ 31, 32. Section 31 gives jurisdiction to the Probate Court “if the shares do not appear to be in dispute or uncertain.” Section 32 provides, however, that “If it is found by the Probate Court in which such petition is filed that the shares are in dispute or uncertain, the court may, or, at the request of any party in interest, shall, order the case to be removed to the Superior Court.” These two sections should be…
2Cases cited6 opinions
- Giles v. LittleSupreme Court of the United States · 1881
- Fuller v. WilburMassachusetts Supreme Judicial Court · 1898
- Knight v. MahoneyMassachusetts Supreme Judicial Court · 1890
- Harlow v. BaileyMassachusetts Supreme Judicial Court · 1905
- Little v. SilveiraMassachusetts Supreme Judicial Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gleason v. MannMassachusetts Supreme Judicial Court · 1942
- New England Trust Co. v. FolsomMassachusetts Supreme Judicial Court · 1929
- Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
- Irwin v. IrwinAppellate Division of the Supreme Court of the State of New York · 1917
- Winget v. GaySupreme Court of Missouri · 1930