Legal Opinion

Dean v. Dean

Massachusetts Supreme Judicial Court

Decided October 15, 1807PublishedCited by 10 opinions

In this action the plaintiff, as he is administrator of Anna Dean, deceased, demands possession of a certain parcel of land in Jtay?iham, and says that his intestate, while living, and within thirty years last past, viz., on the 28th day of April, Anno Domini 1798, was seised and possessed thereof, and afterwards, in the same year, died so seised; and the plaintiff further says that he now ought to be in the possession thereof, to administer the same according to law, the…

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In this action the plaintiff, as he is administrator of Anna Dean, deceased, demands possession of a certain parcel of land in Jtay?iham, and says that his intestate, while living, and within thirty years last past, viz., on the 28th day of April, Anno Domini 1798, was seised and possessed thereof, and afterwards, in the same year, died so seised; and the plaintiff further says that he now ought to be in the possession thereof, to administer the same according to law, the personal estate of the intestate being insufficient to pay her debts, legacies, funeral charges, and charges of…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Parsons, C. J.

The verdict in this cause is taken for the plaintiff by consent, subject to the opinion of the Court on certain facts agreed by the parties.

The plaintiff sues in this action as administrator of Anna Dean, and in his count declares that the said Anna died seised in fee simple of the demanded premises, within thirty years, not leaving personal estate sufficient to pay her debts and legacies, together with the funeral charges, and the expenses of administration, for which reason he ought to have possession of the premises, to…

2Cases cited2 opinions

  1. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  2. Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820

3Cited by10 opinions

  1. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  2. Falley v. GriblingIndiana Supreme Court · 1891
  3. Douthitt v. SmithIndiana Supreme Court · 1880
  4. Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
  5. Willard v. NasonMassachusetts Supreme Judicial Court · 1809

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