Lithgow v. Kavenagh
Massachusetts Supreme Judicial Court
This action was formedon in the descender, in which the demand ani counts upon the gift of one James Noble, by his last will, dated December 13, 1796, whereby he devised the demanded premises to William Lithgow and Sarah Ijithgow, his wife, the demandant’s mother, and the heirs of her body, lawfully begotten, forever.
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This action was formedon in the descender, in which the demand ani counts upon the gift of one James Noble, by his last will, dated December 13, 1796, whereby he devised the demanded premises to William Lithgow and Sarah Ijithgow, his wife, the demandant’s mother, and the heirs of her body, lawfully begotten, forever. The demandant then avers the death of the testator, the entry and seisin of William and Sarah Lithgow, according to the form of the gift, the death of William Lithgow, December 1, 1798, and of Sarah Lithgow, November 1, 1807; and entitles himself as the second son of the said…
1Opinion of the CourtSewall, J.
The verdict taken for the tenant in this cause, upon the issue of not guilty, is subject to the opinion of the Court upon the case reserved and reported; and the general question to be decided is, whether this verdict shall be set aside, and a new trial shall be granted, upon the motion of the demandant.
The evidence for the demandant is the last will of James Noble, in which a devise of the demanded premises is expressed; the con struction and effect of which is a principal question in the cause The seisin of William Lithgow, the father, and of Sarah Lithgow, their deaths, and the death of…
2Cases cited2 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
3Cited by17 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Cook v. HolmesMassachusetts Supreme Judicial Court · 1814
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Coombs v. AndersonMassachusetts Supreme Judicial Court · 1885
- Bruce v. WoodMassachusetts Supreme Judicial Court · 1840
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