Bates v. Sparrell
Massachusetts Supreme Judicial Court
This was a real action, brought to recover possession of a pew in a public meeting-house in the town of Scituate, in this county.
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This was a real action, brought to recover possession of a pew in a public meeting-house in the town of Scituate, in this county. The parties submitted the action to the decision of the Court upon a case stated, containing, in substance, the following facts: John Palmer died seised of the demanded premises in the year 1794, and by his last will devised all his real estate to his wife, Jane Palmer, for life, with remainder over to his cousin, Abigail Neal; and he bequeathed all his personal estate to his said wife, “ for her use, to dispose of the same as she pleases.” The said Jane entered…
1Opinion of the CourtSewall, J.
The question arising out of the facts submitted to the decision of the Court in this case is, whether a pew in a meeting-house is real estate, and included in that description of prop erty, where a testator had devised to his wife all his real estate for life, with a remainder over, -and all his personal estate to be at her disposal; the controversy for the pew being between one who claims under the devise of the remainder, and one who claims under the legal representatives of the wife after her decease.
The terms real estate are not, as usually applied, a technical expression ; for estate,…
2Cited by3 opinions
- Griggs v. VeghteNew Jersey Court of Chancery · 1890
- Mills v. PeirceSuperior Court of New Hampshire · 1819
- Trustees of the Third Presbyterian Congregation v. AndrussSupreme Court of New Jersey · 1848