Millerick v. Plunkett
Massachusetts Supreme Judicial Court
Petition, filed March 12,1904, in the Court of Land Registration, now by St. 1904, c. 448, the Land Court, for the registration of the title to certain real estate on William Street in the city of Fall River, claimed by the petitioners as the heirs at law of Ann Plunkett, widow of Joseph Plunkett, by whose will the petitioners alleged that the whole of the estate claimed was devised to Ann including the portion in dispute.
1Opinion of the CourtKnowlton, C. J.
This case presents but a single question, namely, What is the proper interpretation of the will of Joseph Plunkett, in reference to the devise to his wife of the house in which he lived, with the land appurtenant thereto. The difficulty arises from the use of terms of description, in that devise and in other parts of the will, which are inconsistent with one another. The mistake probably arose from the testator’s failure to remember the true location of the boundary line between lots acquired by him at different times. The will was made in 1895, and he had owned the greater part of the land…
2Cited by5 opinions
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