Legal Opinion

Austin v. Bailey

Massachusetts Supreme Judicial Court

Decided March 2, 1895PublishedCited by 8 opinions

Petition, by a legatee under the will of Jane Manning, for the construction thereof. Hearing before Meld, C. J., who reserved the case, on the petition, answer, and agreed facts, for the consideration of the full court.

1Opinion of the CourtField, C. J.

This is a petition for the construction of the will of Jane Manning. The petitioner claims, under the fourth article of the will, title in fee simple to the whole of certain real estate in Somerville, Timothy Manning, the husband of the testatrix, having died on August 7, 1893.* The respondent claims title to two undivided third parts of said real estate under the same article of the will, having purchased the interest of Timothy Horrigan and of Annie M. Horrigan in said estate. The respondent is in possession of the property. It is plain that this is not a case in which the petitioner has…

2Cases cited1 opinion

  1. Healy v. ReedMassachusetts Supreme Judicial Court · 1891

3Cited by8 opinions

  1. Brisbin v. HuntingtonSupreme Court of Iowa · 1905
  2. Faulkner v. KeeneSupreme Court of New Hampshire · 1931
  3. National Shawmut Bank v. MoreyMassachusetts Supreme Judicial Court · 1946
  4. Hill v. MoorsMassachusetts Supreme Judicial Court · 1916
  5. Glover v. BakerSupreme Court of New Hampshire · 1912

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