Chapman v. Chick
Supreme Judicial Court of Maine
On report, upon agreed statement. Writ of entry to recover two undivided third parts of the Atwood block in Winterport. It was admitted that Nathaniel Atwood died in December, 1858, seized of the demanded premises, and that the plaintiffs and defendant are his legal heirs, entitled equally to Iris undevised real estate, if any. Defendant claims under the will of Lydia Atwood, widow of Nathaniel, also under his will.
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On report, upon agreed statement. Writ of entry to recover two undivided third parts of the Atwood block in Winterport. It was admitted that Nathaniel Atwood died in December, 1858, seized of the demanded premises, and that the plaintiffs and defendant are his legal heirs, entitled equally to Iris undevised real estate, if any. Defendant claims under the will of Lydia Atwood, widow of Nathaniel, also under his will. It was also admitted that the widow conveyed away by warranty deed, September 15, 1859, the homestead named in the will of her husband, and continued in the possession and control…
1Opinion of the Court
Phteiís, C. J.
The demandants and defendant are heirs at law of Nathaniel Atwood, deceased, and entitled to any undevised real estate left by him, the demandants to two-thirds and *114the defendant to óne-third thereof. The question is whether any un devised real estate was left by Nathaniel Atwood. He died in 1858, leaving a will, in which, after some minor bequests to distant relatives, he gives his wife Lydia certain personal property and twenty-five hundred dollars outright, and the use and occupation of the homestead for her life time or during widowhood. He provides that the twenty-five…
2Cited by1 opinion
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