Faxon v. Faxon
Massachusetts Supreme Judicial Court
Petition for partition of certain land in Boston. Hearing before Stevens, J., who dismissed the petition; and the petitioner alleged exceptions, which appear in the opinion. The case was argued at the bar in January, 1899, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, J.
The only question raised by this bill of exceptions is whether the petitioner has an estate in possession in-the real estate described in the petition, so that he can have partition against the respondent, Mary H. Faxon. Both parties claim under the will of their mother Adeline Faxon, a part of *510which is as follows: “ Fourth: It is my will and wish that my daughter Mary H. Faxon shall have the right to the use and occupation of the house and land corner of Fifth and Q Streets during the term of two years after my decease, or for such longer period as the house remains unsold (and of course…
2Cases cited2 opinions
- Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
- Wilmarth v. BridgesMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Hesseltine v. PartridgeMassachusetts Supreme Judicial Court · 1920
- Wiant v. LynchWest Virginia Supreme Court · 1927
- Dow v. AbbottMassachusetts Supreme Judicial Court · 1908
- Pierce v. LoweSupreme Court of Arkansas · 1953