Wells v. Prince
Massachusetts Supreme Judicial Court
This was a petition for partition of certain lands in Boston, on which a verdict was taken for the petitioner, at the last March term in this county, subject to the opinion of the Court upon the following point, viz.: — Francis Wells, being seised of the lands in question, devised all his real estate to his wife, Susannah, for her life, remainder to the petitioner and others, and died in 1766. The said Susannah never entered on the lands, of which partition is prayed, and…
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This was a petition for partition of certain lands in Boston, on which a verdict was taken for the petitioner, at the last March term in this county, subject to the opinion of the Court upon the following point, viz.: — Francis Wells, being seised of the lands in question, devised all his real estate to his wife, Susannah, for her life, remainder to the petitioner and others, and died in 1766. The said Susannah never entered on the lands, of which partition is prayed, and she died in the year 1793. The petitioner entered in 1808. The question reserved was, whether his right oí entry, if any…
1Opinion of the Court
By the Court.
The defence in this case is, that the devisee for life having never entered, her refusal to accept the devise is to be presumed; and then the right of entry of the petitioner or remainder man having accrued immediately, he was bound to enter within twenty years; and, having failed so to enter, his right of entry is gone, without which he cannot maintain this process.
That those in remainder might have entered immediately on the refusal of the devisee for life to accept the devise, is true. But one may have different rights of entry; and although the devisee for life refuses to…
2Cases cited2 opinions
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1808
- Wallingford v. HearlMassachusetts Supreme Judicial Court · 1819
3Cited by17 opinions
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- In re Lewers & Cooke, Ltd.Hawaii Supreme Court · 1908
- Jackson v. Mancius & Van-DerheydenNew York Supreme Court · 1829
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1941
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