Powers v. Rafferty
Massachusetts Supreme Judicial Court
Petition, filed January 5,1903, for partition of certain real estate on Thorndike Street in Cambridge, formerly owned by Sarah Banfield and disposed of by her will, being the only real estate mentioned therein. The case was tried in the Superior Court before Richardson, J., without a jury. He reported it for determination by this court.
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Petition, filed January 5,1903, for partition of certain real estate on Thorndike Street in Cambridge, formerly owned by Sarah Banfield and disposed of by her will, being the only real estate mentioned therein. The case was tried in the Superior Court before Richardson, J., without a jury. He reported it for determination by this court. If upon the facts found by the judge the petitioners were entitled to have partition made, the usual interlocutory judgment that partition be made of the shares to which the petitioners were entitled was to be entered; otherwise, the petition was to be…
1Opinion of the CourtHammond, J.
This is a petition for partition of the real estate specifically named in the second and third clauses of the will of Sarah Banfield, who, being seised of the same, died in 1893, leaving as her only heirs and next of kin four daughters, Adelaide, Sarah, Delia and Mary, and one son, Thomas. Adelaide died intestate in 1898, leaving a husband, Nicholas P. Powers, who is one of the petitioners, and as her only heirs *87and next of kin two children, Gertrude and John, minors, who, through a guardian, are the other petitioners.
The case calls for the construction of the third clause of the will, which…
2Cases cited5 opinions
- Richardson v. StodderMassachusetts Supreme Judicial Court · 1868
- Chauncey v. FrancisMassachusetts Supreme Judicial Court · 1902
- Cushing v. SpaldingMassachusetts Supreme Judicial Court · 1895
- Chauncey v. SalisburyMassachusetts Supreme Judicial Court · 1902
- Moore v. StinsonMassachusetts Supreme Judicial Court · 1887
3Cited by10 opinions
- Springfield Safe Deposit & Trust Co. v. DwellyMassachusetts Supreme Judicial Court · 1914
- Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
- Goodwin v. New England Trust Co.Massachusetts Supreme Judicial Court · 1947
- Cavan v. WoodburyMassachusetts Supreme Judicial Court · 1921
- Shea v. MaitlandMassachusetts Supreme Judicial Court · 1921
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