Paul v. Paul
Massachusetts Supreme Judicial Court
Petition, dated July 12, 1882, to have a homestead set off in an estate in Lawrence, under the Pub. Sts. c. 123. The case was submitted to the Superior Court, and, after judgment for the respondents, to this court on appeal, upon agreed facts, in substance as follows: The estate in question was conveyed to Nicholas G. Paul in 1848, and was thereafter occupied by him with his family as a residence, until his death, on March 7, 1870. He died intestate, and his estate was…
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Petition, dated July 12, 1882, to have a homestead set off in an estate in Lawrence, under the Pub. Sts. c. 123. The case was submitted to the Superior Court, and, after judgment for the respondents, to this court on appeal, upon agreed facts, in substance as follows: The estate in question was conveyed to Nicholas G. Paul in 1848, and was thereafter occupied by him with his family as a residence, until his death, on March 7, 1870. He died intestate, and his estate was solvent and was duly administered. The petitioner is the widow of Nicholas G. Paul, and the respondents are his two daughters…
1Opinion of the CourtColburn, J.
It is apparent, from the facts agreed, that Nicholas G. Paul acquired an estate of homestead in the premises in question, under the St. of 1855, c. 238, which was preserved by subsequent legislation, and continued until his death, in 1870. Dulanty v. Pynchon, 6 Allen, 510.
Section 12 of the Gen, Sts. c. 104, is as follows: “ The estate or right of homestead of any householder, existing at his death, shall continue for the benefit of his widow and minor children, and be held and enjoyed by them, if some one of them occupies the premises, until the youngest child is twenty-one years of age, and…
2Cases cited2 opinions
- Abbott v. AbbottMassachusetts Supreme Judicial Court · 1867
- Weller v. WellerMassachusetts Supreme Judicial Court · 1881
3Cited by4 opinions
- In Re MarramaUnited States Bankruptcy Court, D. Massachusetts · 2004
- Pratt v. PrattMassachusetts Supreme Judicial Court · 1894
- Bloch v. Tarrent's Admr.Court of Appeals of Kentucky · 1906
- Foster v. LelandMassachusetts Supreme Judicial Court · 1886