Sears v. Sears
Massachusetts Supreme Judicial Court
Petition to the Superior Court for partition, alleging that the petitioner was entitled to one half of a certain tract of land in Freetown, during her life, in lieu of dower ; that she was the widoyr of Abner J. Sears, deceased; that he died intestate, leaving no issue, and seised in fee of said land; that his only heirs were the respondents, his mother and brother; that the petitioner had made a demand in writing upon the respondents to set out and assign to her her…
Read the full summary
Petition to the Superior Court for partition, alleging that the petitioner was entitled to one half of a certain tract of land in Freetown, during her life, in lieu of dower ; that she was the widoyr of Abner J. Sears, deceased; that he died intestate, leaving no issue, and seised in fee of said land; that his only heirs were the respondents, his mother and brother; that the petitioner had made a demand in writing upon the respondents to set out and assign to her her interest in the land, but they refused so to do; that a large part of the land was woodland, and without partition thereof she…
1Opinion of the CourtGray, C. J.
By the Gen. Sts. e. 90, § 15, reenacting the St. of 1854, c. 406, §§ 1, 2, “ when a man dies seised of lands, tenements or hereditaments, or of any right or interest therein, in fee simple, not having lawfully devised the same, and leaving a widow, but no issue, the widow, in lieu of dower, shall be entitled to one half of said estate during her natural life; and if any part thereof taken. by the widow is wild or woodland, she may use, clear and improve the same.”
This statute is, in substance and effect, a modification of the statute of descents. The words “ entitled to one half of said…
2Cases cited2 opinions
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
- Taylor v. BlakeMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Proctor v. ClarkMassachusetts Supreme Judicial Court · 1891
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Ciani v. MacGrathMassachusetts Supreme Judicial Court · 2019
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
- McMahon v. GrayMassachusetts Supreme Judicial Court · 1889
10 more not listed; retrieve them via the Exa API.