Nesbit v. Cande
Massachusetts Supreme Judicial Court
Appeal, dated February 11, 1910, from a decree of the Probate Court for the county of Berkshire, upon the petition of Jane A. Nesbit, administratrix of the estate of Julia A. Slater, late of Pittsfield, alleged to be also an heir at law of the intestate, for the distribution of a balance in her hands as such administratrix, such decree ordering the petitioner to pay the whole of such balance to the administrator of the estate of Henry Slater, the husband of Julia A. Slater,…
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Appeal, dated February 11, 1910, from a decree of the Probate Court for the county of Berkshire, upon the petition of Jane A. Nesbit, administratrix of the estate of Julia A. Slater, late of Pittsfield, alleged to be also an heir at law of the intestate, for the distribution of a balance in her hands as such administratrix, such decree ordering the petitioner to pay the whole of such balance to the administrator of the estate of Henry Slater, the husband of Julia A. Slater, who survived her and afterwards died intestate. The case on appeal was presented to Knowlton, C. J., upon an agreed…
1Opinion of the CourtSheldon, J.
Upon the death of Mrs. Slater without issue and leaving an estate amounting to less than $5,000, her surviving husband took a vested right of inheritance as statutory heir in her real estate. R. L. c. 140, § 3. Eastham v. Barrett, 152 Mass. 56. Howe v. Berry, 168 Mass. 418. Holmes v. Holmes, 194 Mass. 552, 559. Peabody v. Cook, 201 Mass. 218. The rights of her other heirs under R. L. c. 133, are by § 1 of that chapter expressly made subject to the right of her husband. This right of a surviving husband or wife is not abridged by the other provisions contained in R. L. c. 140, § 3, cl. 3, as…
2Cases cited4 opinions
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Eastham v. BarrettMassachusetts Supreme Judicial Court · 1890
- Peabody v. CookMassachusetts Supreme Judicial Court · 1909
- Howe v. BerryMassachusetts Supreme Judicial Court · 1897
3Cited by13 opinions
- Ellis v. HuntMassachusetts Supreme Judicial Court · 1917
- Monroe v. CooperMassachusetts Supreme Judicial Court · 1920
- Hite v. HiteMassachusetts Supreme Judicial Court · 1938
- Hayden v. KeownMassachusetts Supreme Judicial Court · 1919
- Seavey v. O'BrienMassachusetts Supreme Judicial Court · 1940
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