Malcolm v. Malcolm
Massachusetts Supreme Judicial Court
This case, which was a writ of entry, was submitted to the court upon the following statement of facts: — The demandant claims certain premises in Hanover street, m Boston, described in the writ, which were devised by his great-grandfather, Michael Malcolm, 1st, by his will dated August 24th, 1774, and a codicil thereto dated November 22d, 1774. This will was proved at the probate court in Boston, February 24th, 1775, and contained the following clause touching the premises…
Read the full summary
This case, which was a writ of entry, was submitted to the court upon the following statement of facts: — The demandant claims certain premises in Hanover street, m Boston, described in the writ, which were devised by his great-grandfather, Michael Malcolm, 1st, by his will dated August 24th, 1774, and a codicil thereto dated November 22d, 1774. This will was proved at the probate court in Boston, February 24th, 1775, and contained the following clause touching the premises in question: — “I give and bequeath to my said grandson Daniel my dwelling-house and land in Middle street, wherein I…
1Opinion of the CourtWilde, J.
This is a writ of entry, in which the demand-ant claims an undivided part of the premises described in the writ, as having descended to him from his great-grandfather Michael Malcolm; and the tenants claim the whole of the said premises under a devise by the will of the said Michael. And the decision of the case depends on the construction of the will. The clause in the will by which the premises were devised is as follows : —
“I give and bequeath to my said grandson Daniel my dwelling-house in Middle street, wherein I now live, he to take possession of the same at the age of twenty-one years;…
2Cases cited1 opinion
- Osborne v. ShrieveU.S. Circuit Court for the District of Rhode Island · 1824