Dingley v. Dingley
Massachusetts Supreme Judicial Court
This action was a formedon in remainder, sued by the demand-ants to recover of the tenant an undivided fourth part of certain lands described in the writ. The parties agreed to submit the action to the judgment of the Court on a case stated.
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
The question arising on the facts in this case is, whether Joseph Dingley, born after the making of the will, but during the testator’s life, and dying before the tenant for life, was entitled under the will to the remainder of any undivided part of the land, so that the same descended to the demandants, his heirs If he was, they must recover; otherwise the tenant must prevail. For the tenant it has been argued, that the sons, who can take m *415remainder, must be the sons of Abner livmg when the will was made ; they only being in esse, and…
2Cited by57 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Scott v. WestWisconsin Supreme Court · 1885
- Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
- Gardner v. VanlandinghamSupreme Court of Missouri · 1934
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
52 more not listed; retrieve them via the Exa API.