Trustees of Putnam Free School v. Fisher
Supreme Judicial Court of Maine
Writ of entry. The demandants proved title in Oliver •Putnam, in the year 1820 ; also an authenticated copy of his will, allowed in Massachusetts, in 1826, and also recorded in the Probate Court of the county in 1844; by which Caleb Cushing and two other persons were appointed executors, and devising to them large real and personal estates in trust. Cushing alone accepted the appointment. The character of the trust is given in the opinion of the Court.
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Writ of entry. The demandants proved title in Oliver •Putnam, in the year 1820 ; also an authenticated copy of his will, allowed in Massachusetts, in 1826, and also recorded in the Probate Court of the county in 1844; by which Caleb Cushing and two other persons were appointed executors, and devising to them large real and personal estates in trust. Cushing alone accepted the appointment. The character of the trust is given in the opinion of the Court. The demandants then introduced a deed to themselves of the premises, from Cushing, as executor, and offered to prove an entry on the premises,…
1Opinion of the Court
Shepley, C. J,
— This writ of entry demands the northerly half of lot numbered seven, in the fourth range of lots in the town of Charlotte. The general issue was pleaded, which admitted the existence of the corporation. Savage Man. Co. v. Armstrong, 17 Maine, 34.
Oliver Putnam, deceased, appears to have been in possession of the lot by virtue of a judgment and writ of habere facias issued thereon in April, 1820. By his will executed on July 11, 1825, and approved by the court of probate for the county of Suffolk, and Commonwealth of Massachusetts, on August 14, 1826, Edward S. Rand, Aaron…
2Cases cited6 opinions
- Godfrey v. HumphreyMassachusetts Supreme Judicial Court · 1836
- Fox v. PhelpsNew York Supreme Court · 1837
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
- Jackson ex dem. Decker v. MerrillNew York Supreme Court · 1810
- Lessee of Zebach v. SmithSupreme Court of Pennsylvania · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Clark v. HornthalMississippi Supreme Court · 1872
- Corley v. BishopMississippi Supreme Court · 1911
- Bailey, JuniorSupreme Court of Rhode Island · 1885