Walsh v. Young
Massachusetts Supreme Judicial Court
Writ of entry, dated March 23, 1872, to recover an undivided half of a parcel of land in Dedham. Plea, nul disseisin, At the trial in the Superior Court, before Lord, J., the following facts appeared: The demandant, whose maiden name was Catherine Riley, was born October 24, 1850, and on September 23, 1866, was married to James T. Walsh, who is still living. A child of the marriage was born August 19, 1867, and is still living.
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Writ of entry, dated March 23, 1872, to recover an undivided half of a parcel of land in Dedham. Plea, nul disseisin, At the trial in the Superior Court, before Lord, J., the following facts appeared: The demandant, whose maiden name was Catherine Riley, was born October 24, 1850, and on September 23, 1866, was married to James T. Walsh, who is still living. A child of the marriage was born August 19, 1867, and is still living. On September 5, 1866, Ann Denan conveyed the whole of said parcel to James T. Walsh and the demandant by a deed, purporting to be in consideration of one dollar “ and…
1Opinion of the CourtWells, J.
As the demandant was not married at the time of the conveyance to her and James T. Walsh, she took one undivided half of the estate as tenant in common with him, unless “ it manifestly appears from the tenor of the instrument that it *398was intended to create an estate in joint tenancy.” Gen. Sts. c. 89, §§ 13,14.*
There are no words of limitation which indicate joint tenancy or survivorship. The intent can be inferred only from the recital of the consideration. Nothing appears from that except the contemplation of subsequent marriage. The operation of the deed was not to depend upon the…
2Cases cited2 opinions
- Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
3Cited by22 opinions
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- White v. New Bedford Cotton Waste Corp.Massachusetts Supreme Judicial Court · 1901
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