Perkins v. Jewett
Massachusetts Supreme Judicial Court
Writ of entry. Plea, mil disseisin. At the trial in the superior court, before Ames, J., it appeared that both parties claim the demanded premises under Francis Perkins, who died in August 1859, leaving a will dated April 7th 1853; the demandant, who is his widow, claiming under the following devise to her: “ Also my dwelling-house, outbuildings and house lot constituting my homestead estate; ” and the tenant claiming under the residuary devise.
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Writ of entry. Plea, mil disseisin. At the trial in the superior court, before Ames, J., it appeared that both parties claim the demanded premises under Francis Perkins, who died in August 1859, leaving a will dated April 7th 1853; the demandant, who is his widow, claiming under the following devise to her: “ Also my dwelling-house, outbuildings and house lot constituting my homestead estate; ” and the tenant claiming under the residuary devise. The following plan exhibits the situation of the premises: In 1825 the testator erected the house and barn upon the lot in which they are inclosed,…
1Opinion of the CourtDewey, J.
The devise under which the demandant claims to hold the demanded premises is in these words: “ Also my dwelling-house, outbuildings and house lot constituting my homestead estate.” No other clause in the will gives us any aid in the construction of this devise. In deciding upon the particular parcel of land embraced in the devise, we are to refer to external objects and facts existing aliunde. If we find that there existed at the death of the testator a well defined homestead estate, known and used as such by him, and corresponding with the description given in the devise, and which exhausts…
2Cases cited1 opinion
- Judy v. HowardCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- In Re EdwardsUnited States Bankruptcy Court, D. Massachusetts · 2002
- In re KologyUnited States Bankruptcy Court, D. Massachusetts · 2013