Sumner v. Parker
Massachusetts Supreme Judicial Court
The parties submitted this suit to the decision of the Court upon an agreed statement of facts, from which it appears that the land, of which partition is prayed for by the petitioner, is land of which John Ruggles died seised, in fee simple, in 1754. On the 26th of March, 1764, the said Ruggles having died intestate, the judge of probate for the county of Suffolk, within which the land then was, issued a warrant for the distribution thereof to three freeholders; in which…
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The parties submitted this suit to the decision of the Court upon an agreed statement of facts, from which it appears that the land, of which partition is prayed for by the petitioner, is land of which John Ruggles died seised, in fee simple, in 1754. On the 26th of March, 1764, the said Ruggles having died intestate, the judge of probate for the county of Suffolk, within which the land then was, issued a warrant for the distribution thereof to three freeholders; in which they were directed to make partition or distribution of the real estate of the deceased, and to assign one third thereof…
1Opinion of the CourtSedgwick, J.
The petitioner, immediately on the death of her father, became entitled, by the descent cast on her, to the proper tian which she demands in the land assigned to the widow for dower. After the assignment of the dower, she was seised of the reversion after the termination of the estate in dower.
Was the decree, with the proceedings under it, sufficient to divest that estate, and vest it in the mother of the respondent ? [ * 83 j * All the authority which a judge of probate has upon this subject is given to him by statute; and beyond the limits of that authority, he cannot deprive an heir of his…
2Cited by13 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Barber v. ChaseSupreme Court of Vermont · 1928
- Hendrick v. CleavelandSupreme Court of Vermont · 1828
- Lessee of Adams v. JeffriesOhio Supreme Court · 1843
- Snow v. RussellSupreme Judicial Court of Maine · 1899
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