Ripley v. Bates
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, passed July 19, 1870, appointing the appellee administrator with the will annexed of the estate of John Ripley.
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Appeal from a decree of the Probate Court, passed July 19, 1870, appointing the appellee administrator with the will annexed of the estate of John Ripley. At the hearing, before Ames, J., it appeared that John Ripley died in Connecticut in 1823, and his will was admitted to probate in that state; that some time in or before 1812 he purchased a tract of land in Blandford, but the purchase was made with funds belonging wholly or principally to his son, John B. Ripley; that John B. Ripley moved from Connecticut to this land, and occupied it, without interruption or objection, until his death in…
1Opinion of the CourtColt, J.
The right to have a will allowed and recorded here which has been proved and allowed in another state exists under *162our statute only where there is estate here on which the will may operate. Gen. Sts. o. 92, § 21. The judge who heard this appeal finds as a matter of fact that John Ripley, the testator, had no estate in this Commonwealth, and this is decisive, unless the facts reported by him would not in law warrant a finding that the testator lost title to the only estate claimed to be his, by adverse possession continued for the required time in his son, John B. Ripley, and in those claiming…
2Cases cited1 opinion
- Jane v. CommonwealthCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Jewett v. HusseySupreme Judicial Court of Maine · 1879