Legal Opinion

Towle v. Wingate

Massachusetts Supreme Judicial Court

Decided March 2, 1918PublishedCited by 1 opinion

Petition for partition, filed in the Superior Court on June 5, 1917, as described in the opinion, of a certain parcel of land with the buildings thereon in Newton, alleging that the petitioner is the owner of a life estate in an undivided half of the property. The respondent’s answer, among other matters, alleged that the respondent is entitled to the entire possession and exclusive occupancy of the property during the term of her natural life.

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Petition for partition, filed in the Superior Court on June 5, 1917, as described in the opinion, of a certain parcel of land with the buildings thereon in Newton, alleging that the petitioner is the owner of a life estate in an undivided half of the property. The respondent’s answer, among other matters, alleged that the respondent is entitled to the entire possession and exclusive occupancy of the property during the term of her natural life. The case was heard by Aiken, C. J., without a jury. The facts are stated in the opinion. The Chief Justice made the rulings requested by the…

1Opinion of the CourtCarroll, J.

The petitioner asked for the partition of a tract of land in Newton, formerly owned by Mary Shannon. In the Superior Court the petition was dismissed. The case is here on the petitioner’s exceptions to the judge’s rulings and refusals to rule.

Mary Shannon in the fifth paragraph of her will gave to her nieces (the respondent and her sister Sarah), “the use of my homestead in said Newton, including buildings and one acre of garden, ... to have the use of all, free of rent; and I direct my executors to pay from the income of funds in their possession, all taxes, assessments, insurance and all…

2Cases cited1 opinion

  1. Kingman v. KingmanMassachusetts Supreme Judicial Court · 1876

3Cited by1 opinion

  1. Bernat v. KiviorMassachusetts Appeals Court · 1986

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