Legal Opinion

Church v. Crocker

Massachusetts Supreme Judicial Court

Decided July 15, 1807PublishedCited by 33 opinions

In this cause the following facts were agreed by the parties, “ On the 16th of March, 1794, Hannah Church, being seised in fee simple, made her last will, which was afterwards duly proved; in which, after bequeathing therein several small legacies, she divides the residue of her estate into five equal shares, and gives one fifth to James Miller Church, the petitioner, and his sister Hannah, children of her son Benjamin Church, deceased, in equal shares ; one fifth unto six…

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In this cause the following facts were agreed by the parties, “ On the 16th of March, 1794, Hannah Church, being seised in fee simple, made her last will, which was afterwards duly proved; in which, after bequeathing therein several small legacies, she divides the residue of her estate into five equal shares, and gives one fifth to James Miller Church, the petitioner, and his sister Hannah, children of her son Benjamin Church, deceased, in equal shares ; one fifth unto six children of her son Edward Church, in equal shares ; one fifth to a daughter of her son Giles Church; one fifth to two…

1Opinion of the Court

*17Sullivan would have argued for the petitioner, but was stopped by the Court, whose opinion was afterwards delivered by

Parsons, C. J.

It appears5 from the case stated, that Hannah Church, the petitioner’s grandmother, died seised in fee simple of the whole estate, having devised one undivided tenth part to the petitioner in fee simple; and that he ought to have this purparty assigned to him in severalty, unless his uncle Edward Church, a son of his grandmother, is entitled to one seventh part of her estate, he not having any thing given him in her last will, in which her whole estate *is…

2Cases cited3 opinions

  1. Wilder v. GossMassachusetts Supreme Judicial Court · 1817
  2. Terry v. FosterMassachusetts Supreme Judicial Court · 1804
  3. Wild v. BrewerMassachusetts Supreme Judicial Court · 1797

3Cited by33 opinions

  1. Harrington v. SmithWisconsin Supreme Court · 1871
  2. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  4. Succession of BakerSupreme Court of Louisiana · 1911
  5. Coulam v. DoullSupreme Court of the United States · 1890

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