Balch v. Stone
Massachusetts Supreme Judicial Court
Contract to recover a distributive share of an estate. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows.
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Contract to recover a distributive share of an estate. The case was submitted to the Superior Court on an agreed statement of facts, in substance as follows. In February, 1887, John Stone, of Newburyport, a bachelor, died intestate, leaving at the time of his decease neither father nor mother, nor brother, nor sister, but eighteen nephews and nieces, and five grand-nephews and grand-nieces, and two great-grand-nieces, the issue of four deceased brothers and sisters of the intestate. The defendant has in his hands, derived from the sale of certain real estate in Newburyport, which was the…
1Opinion of the CourtMorton, C. J.
This case depends upon the construction of the fifth clause of the first section of our statute of distribution, which provides that the estate of a person who dies intestate shall descend, “If he leaves no issue and no father or mother, then to his brothers and sisters, and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, then to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, they…
2Cases cited1 opinion
- Snow v. SnowMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Thompson v. ThorntonMassachusetts Supreme Judicial Court · 1908
- Maud v. CatherwoodCalifornia Court of Appeal · 1945
- Proctor v. LacyMassachusetts Supreme Judicial Court · 1928
- Broward v. BrowardSupreme Court of Florida · 1928
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