Brown v. Brown
Superior Court of New Hampshire
This was a petition for partition. The petitioner alleged that she was seized in fee of one undivided third part, of three tracts of land in Kensington. A part of one of the tracts mentioned in the petition was described as subject to an estate which Rebecca Brown had therein, during her widowhood. The respondents were alleged to be seized in ' fee each of. one undivided third part of the said tracts.
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This was a petition for partition. The petitioner alleged that she was seized in fee of one undivided third part, of three tracts of land in Kensington. A part of one of the tracts mentioned in the petition was described as subject to an estate which Rebecca Brown had therein, during her widowhood. The respondents were alleged to be seized in ' fee each of. one undivided third part of the said tracts. At December term, 1834, a committee was appointed to make partition, who at this term made report, in which, after describing the division they had made in two parcels of land, they stated that…
1Opinion of the CourtRichardson, C. J.
In this case, Rebecca Brown has an estate in part of the land during her widowhood, and that estate is without doubt a freehold. Co. Litt. 42, a; 5 N. H. R. 492.
The question then is, whether any of those who have the remainder can maintain a petition for partition of that part during the continuance of the particular estate?
This court is authorized by statute, upon the application of any persons interested with others in any real estate, to cause partition thereof to be made. And whoever is interested with others in lands, whether that interest be a fee, a freehold, or a term of years, may…
2Cases cited1 opinion
- Mussey v. SanbornMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- George v. GreenSuperior Court of New Hampshire · 1843