Inhabitants of Freetown v. Inhabitants of Taunton
Massachusetts Supreme Judicial Court
Assumpsit for the support of William Cotton, a pauper, whom the plaintiffs alleged to have his legal settlement in Taunton. The pauper’s father was a foreigner; and his mother, previous to her marriage, was settled in Berkley, in the county of Bristol. They were married about the year 1742, and removed to New Jersey, where the pauper was born. His father dying, his mother returned, with her child, then about five years old, to Berkley.
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Assumpsit for the support of William Cotton, a pauper, whom the plaintiffs alleged to have his legal settlement in Taunton. The pauper’s father was a foreigner; and his mother, previous to her marriage, was settled in Berkley, in the county of Bristol. They were married about the year 1742, and removed to New Jersey, where the pauper was born. His father dying, his mother returned, with her child, then about five years old, to Berkley. In 1755, the pauper being still under age, his mother was married to John Ingell, who had his settlement in Taunton. The pauper removed to Taunton with his…
1Opinion of the CourtParker, C. J.
By the common law, when the father has no settlement, the children of the marriage have the * set- [ * 53 ] tlement of the mother (2). The pauper, in the case before us, was born between the years 1701 and 1767, during which period the common law with respect to settlements prevailed here. The pauper therefore, at the time of his birth, had his lawful settlement in Berkley. This settlement he retains until the present time, unless he has since acquired a new one.
It is contended that, as his mother gained a derivative settlement in Taunton, by her marriage with Ingell, this was communicated to…
2Cited by11 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- Town of Burlington v. Town of EssexSupreme Court of Vermont · 1846
- Brown v. LynchNew York Surrogate's Court · 1852
- Town of Londonderry v. Town of AndoverSupreme Court of Vermont · 1856
- Wells v. WesthavenSupreme Court of Vermont · 1833
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