Frost v. Courtis
Massachusetts Supreme Judicial Court
Petition for partition of two parcels of real estate, one in Marblehead, and the other known as Baker’s Island, in Salem harbor. The petitioner claimed to be seised in fee simple of one undivided sixth part of both parcels. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows. The respondents claimed exclusive title to the property under the second clause of the will of Francis Courtis.
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Petition for partition of two parcels of real estate, one in Marblehead, and the other known as Baker’s Island, in Salem harbor. The petitioner claimed to be seised in fee simple of one undivided sixth part of both parcels. Trial in the Superior Court, before Braley, J., who reported the case for the determination of this court, in substance as follows. The respondents claimed exclusive title to the property under the second clause of the will of Francis Courtis. The second and third clauses of the will are as follows : “ Second. All the rest and residue of my estate of every name and nature…
1Opinion of the CourtMorton, J.
The question in this case is, whether the persons named as legatees in the second clause of the will took as a class, in which event the property in suit would go to the survivor or survivors on the death of one or more members of it before the testator, or whether they took as tenants in common, in which case the share or shares of those so dying would lapse. The respond*253ents contend that they took as a class. The general rule is, that, when real property is given, as it was here, to several persons by name to be equally divided amongst them, they take as tenants in common, and not as joint…
2Cases cited4 opinions
- Swallow v. SwallowMassachusetts Supreme Judicial Court · 1896
- Horton v. EarleMassachusetts Supreme Judicial Court · 1894
- Wood v. SeaverMassachusetts Supreme Judicial Court · 1893
- Claflin v. TiltonMassachusetts Supreme Judicial Court · 1886
3Cited by22 opinions
- Fitts v. PowellMassachusetts Supreme Judicial Court · 1940
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Stanwood v. StanwoodMassachusetts Supreme Judicial Court · 1901
- Dresel v. KingMassachusetts Supreme Judicial Court · 1908
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