Legal Opinion

White v. Thayer

Massachusetts Supreme Judicial Court

Decided November 9, 1876PublishedCited by 1 opinion

Bill nr equity, filed April 3, 1876, against Benjamin E. Thayer, Mary G. Thayer, Lucy A. Knight, and William G. Bassett, alleging the following facts: On July 20, 1860, Edson White, being seised in fee of a certain parcel of land in Easthampton, conveyed the same with the usual covenants of warranty to one Munson.

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Bill nr equity, filed April 3, 1876, against Benjamin E. Thayer, Mary G. Thayer, Lucy A. Knight, and William G. Bassett, alleging the following facts: On July 20, 1860, Edson White, being seised in fee of a certain parcel of land in Easthampton, conveyed the same with the usual covenants of warranty to one Munson. Edson White derived his title to the premises, partly by inheritance from his brother Lysander White, and partly by deed from the other heirs of Lysander, who died seised in fee of the premises. By the will of Lysander, Frances A. White, his widow, became entitled to a life estate…

1Opinion of the CourtGray, C. J.

Edson White shows no right to relief; and his wife, if the defendants obtained from her by fraud, as alleged in the bill, a conveyance of the life estate which she took under the will of Lysander White, her former husband, may recover it by writ of entry, and cannot therefore maintain this bill. Gen. Sts. c. 134, § 1. Boardman v. Jackson, 119 Mass. 161. Lewis v. Cocks, 23 Wall. 466.

Demurrer sustained, and bill dismissed.

2Cases cited2 opinions

  1. Lewis v. CocksSupreme Court of the United States · 1874
  2. Boardman v. JacksonMassachusetts Supreme Judicial Court · 1875

3Cited by1 opinion

  1. Robinson v. RobinsonSupreme Judicial Court of Maine · 1882

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