Shelton v. Sears
Massachusetts Supreme Judicial Court
Writ oe dower, dated March 15, 1902, brought by the demandant as the widow of Henry S. Shelton, deceased testate on January 18, 1888. In the Superior Court the case was tried before Bond, J. The jury made the special findings quoted in the fourth paragraph of the opinion, and returned a general verdict for the demandant. At the request of the tenants the judge reported the case for determination by this court.
1Opinion of the CourtBraley, J.
This is an action brought by the demandant as the widow of Henry S. Shelton against the tenants who claim *456under his will, to have her dower set out in lands of which he died seised.
It was the contention of the tenants that .no valid marriage had ever been solemnized between the demandant and the testator as required by the provisions of Pub. Sts. c. 145, § 22.
No record of her marriage was produced, but she took the ground that.it had been duly performed in the presence of a clergyman, and relied on the further statutory provision that “ No marriage solemnized before a person professing to be…
2Cases cited16 opinions
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3Cited by18 opinions
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- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
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- Sullivan v. BurkinMassachusetts Supreme Judicial Court · 1984
- Devney's CaseMassachusetts Supreme Judicial Court · 1916
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