Tarbell v. Jewett
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Pepper ell. Plea, nul disseisin. Trial in this’ court, before Lord, J., who ruled, as requested by the tenant, that he was entitled to a verdict, which was returned accordingly; and the demandant alleged exceptions. The facts appear in the opinion.
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Writ oe entry to recover a parcel of land in Pepper ell. Plea, nul disseisin. Trial in this’ court, before Lord, J., who ruled, as requested by the tenant, that he was entitled to a verdict, which was returned accordingly; and the demandant alleged exceptions. The facts appear in the opinion. The case was argued in January 1877, and reargued in January 1878, by J. N. Marshall, (M. L. Hamblet with him,) for the demandant; and by T. H. Sweetser & F. A. Worcester, for the tenant.
1Opinion of the CourtEndicott, J.
To understand fully the ground upon which we rest the decision of this case, it will be necessary to recite such portion of the facts as we deem material.
Abel Jewett died in January 1854, leaving a will, in which his two sons, Otis P. Jewett and Samuel A. Jewett, were named executors. The will was soon after admitted to probate, and the executors were duly qualified, and proceeded to settle the estate. The will devised to these two sons a certain parcel of real estate, subject to certain uses in favor of the testator’s widow during her life, and also to an annuity to her. Otis P. Jewett…
2Cases cited13 opinions
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- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
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