Kelley v. Meins
Massachusetts Supreme Judicial Court
Writ of ENTRY, dated December 16, 1881, brought by Fran-, ces A. Kelley, Emma H. English, Susan C. Johnson, Harriet E. Johnson, Rebecca M. Riley and Mary V. Riley, against John R. Meins, William Cains, Joseph Cains and Mary Mills, to recover three parcels of land in Boston. Each tenant pleaded nul disseisin, claiming one undivided sixth of the several parcels, and disclaiming as to the other five sixths.
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Writ of ENTRY, dated December 16, 1881, brought by Fran-, ces A. Kelley, Emma H. English, Susan C. Johnson, Harriet E. Johnson, Rebecca M. Riley and Mary V. Riley, against John R. Meins, William Cains, Joseph Cains and Mary Mills, to recover three parcels of land in Boston. Each tenant pleaded nul disseisin, claiming one undivided sixth of the several parcels, and disclaiming as to the other five sixths. The case was submitted to the Superior Court, and, after judgment for the demandants for two undivided sixth parts, on the tenants’ disclaimer, and damages assessed at one dollar, and…
1Opinion of the CourtField, J.
Anna A. Meins by her will gave all her estate, real and personal, to Benjamin R. Meins, Jr. The intention of the testatrix, as expressed in the first codicil, is, that if Benjamin R. Meins, Jr. shall die without leaving issue living at his death, “ then any portion of my said estate and property which may remain shall be equally divided among my sisters and nieces and their female heirs and assigns.” By the portion that may *233remain is meant the portion that may remain at the death of Benjamin R. Meins, Jr.; and the construction to be given to this codicil and the will taken together is, that…
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