Cook v. Holmes
Massachusetts Supreme Judicial Court
The petitioners claimed a-part of a certain tract of land in Watertown, in this county; their right to which was submitted to the decision of the Court upon the following facts : — John Cook, late of said Watertown, on the 9th day of August, 1792, being seised in fee of the land described in the petition, made his last will and testament, and therein devised as follows : — First.
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The petitioners claimed a-part of a certain tract of land in Watertown, in this county; their right to which was submitted to the decision of the Court upon the following facts : — John Cook, late of said Watertown, on the 9th day of August, 1792, being seised in fee of the land described in the petition, made his last will and testament, and therein devised as follows : — First. To his wife, Joanna, one third of his household furniture, with the use of the other two thirds during her life, and the one half of the income of certain real estate, which he had conveyed to his son Stephen C., and…
1Opinion of the CourtParker, C. J.
The only question in this case is, whether Gregory Cook a grandson of John C., the testator, to whom a parcel of land in Watertown was devised by the last will and testament of his grandfather, took, by virtue of said devise, an estate for life, or an estate in fee simple. If the former, then, hé being dead, the petitioners, as residuary devisees, or the representatives of such devisees, are entitled to have partition; the particular estate having ceased, and they being devisees of the remainder. If the latter, then Esther Holmes, one of the respondents, who was mother of the said Greg ory,…
2Cases cited2 opinions
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- Lithgow v. KavenaghMassachusetts Supreme Judicial Court · 1812
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