Legal Opinion

McKenney v. McKenney

Massachusetts Supreme Judicial Court

Decided December 13, 1913PublishedCited by 18 opinions

Bill in equity, filed in the Superior Court on June 4, 1913, seeking to compel the assignment of a way to the plaintiff, as stated in the opinion. A plan showing the premises to which the suit related is shown, on the next page. The way which the plaintiff sought to have laid out was that, to which, as he alleged, he was given a right by the clause in. the will of his mother that is quoted in the opinion.

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Bill in equity, filed in the Superior Court on June 4, 1913, seeking to compel the assignment of a way to the plaintiff, as stated in the opinion. A plan showing the premises to which the suit related is shown, on the next page. The way which the plaintiff sought to have laid out was that, to which, as he alleged, he was given a right by the clause in. the will of his mother that is quoted in the opinion. Besides the facts stated in the opinion, the following facts were agreed to, the court being given leave to “draw any reasonable inferences therefrom. ” “The premises are situated in a…

1Opinion of the CourtBraley, J.

The testatrix by her will devised the estate in question in these words: “I give to my son John E. McKenney the corner half of the double house on the corner of Blossom and Crosby Sts. in said Lynn with the land under and appurtenant thereto: the other half of said double house I give to my son Charles McKenney with a right of way to said Charles his heirs and assigns forever from Crosby St. over the land given to my son John herein for all purposes as if the same were a public highway. The line of the center of the partition wall in said double house extended to the westerly line of my…

2Cases cited7 opinions

  1. Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
  2. George v. CoxMassachusetts Supreme Judicial Court · 1874
  3. Rowell v. DoggettMassachusetts Supreme Judicial Court · 1887
  4. Old Colony Street Railway Co. v. PhillipsMassachusetts Supreme Judicial Court · 1911
  5. Cotting v. MurrayMassachusetts Supreme Judicial Court · 1911

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3Cited by18 opinions

  1. Fulcher v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1924
  2. Anderson v. DeVriesMassachusetts Supreme Judicial Court · 1950
  3. Ingelson v. OlsonSupreme Court of Minnesota · 1937
  4. Kotick, Et Ux. v. Durrant, Et Ux.Supreme Court of Florida · 1940
  5. Western Massachusetts Electric Co. v. Sambo's of Massachusetts, Inc.Massachusetts Appeals Court · 1979

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