Barker v. Wood
Massachusetts Supreme Judicial Court
This was a real action, and was tried upon the general issue before Sewall,J., at the sittings here after November term, 1808. The judge reported that several questions were left to the jury, upon the testimony and other evidence before them; and their verdict thereon, being for the tenant, was taken, subject to the opinion of the Court upon the validity and effect of a certain devise in the last will of Sarah Chadwick, duly proved and allowed the 6th of May, 1806. The…
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This was a real action, and was tried upon the general issue before Sewall,J., at the sittings here after November term, 1808. The judge reported that several questions were left to the jury, upon the testimony and other evidence before them; and their verdict thereon, being for the tenant, was taken, subject to the opinion of the Court upon the validity and effect of a certain devise in the last will of Sarah Chadwick, duly proved and allowed the 6th of May, 1806. The devise in question was in these words, viz.: “ I give to Joseph Parker the use and improvement of all my buildings and lands,…
1Opinion of the Court
Curia.
The remainder expectant on the death of Joseph Parker was appropriated, by the testatrix, “ to be expended for the use of the schools among the inhabitants living in the north-west parish in the town of Boxford, confining it only to the use of the inhabitants of said town of Boxford,” &c. The case finds that the north-west parish includes certain inhabitants of Andover. These latter being excluded from the benefit intended, the remaining * inhabitants are not a corporation, and they cannot take as tenants in common. The heir at law must hold until some one can make title under the will.…
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