Belcher v. Burnett
Massachusetts Supreme Judicial Court
Petition to the Superior Court for partition of a parcel of land in Cambridge, in which the petitioner claimed one undivided twelfth part. The case was submitted to that court on an agreed statement of facts in substance as follows: Katharine Morse, the grandmother of the petitioner, under whom the petitioner claims title, died in 1835, seised and possessed of one undivided half part of said parcel of land.
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Petition to the Superior Court for partition of a parcel of land in Cambridge, in which the petitioner claimed one undivided twelfth part. The case was submitted to that court on an agreed statement of facts in substance as follows: Katharine Morse, the grandmother of the petitioner, under whom the petitioner claims title, died in 1835, seised and possessed of one undivided half part of said parcel of land. Her will, which was duly admitted to probate, contained the following provisions: “ I give and devise to my son Royal Morse and Hannah his wife and the survivor of them the use and…
1Opinion of the CourtGray, C. J.
The interest of the petitioner in the estate of her grandmother, though a contingent remainder which would not vest in possession unless and until she survived her parents, was yet vested in her in right from the death of the testatrix, capable of alienation by her during the life of her parents, and, as has been directly adjudged by this court, was such an interest as would pass to an assignee under the insolvent law of the Commonwealth, or under the United States bankrupt act of 1841. subject to the same contingencies in the hands of the assignee as in those of the assignor. Dunn v.…
2Cases cited10 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Erwin v. United StatesSupreme Court of the United States · 1878
- Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
- Minot v. TappanMassachusetts Supreme Judicial Court · 1877
- Merriam v. SimondsMassachusetts Supreme Judicial Court · 1876
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3Cited by11 opinions
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Billings v. FowlerMassachusetts Supreme Judicial Court · 1972
- Southard v. SouthardMassachusetts Supreme Judicial Court · 1911
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