Legal Opinion

Schmaunz v. Göss

Massachusetts Supreme Judicial Court

Decided January 5, 1882PublishedCited by 17 opinions

Petition for partition of a parcel of land in Hanover Street, Boston. The case was heard by Colt, J., upon the following agreed facts: The petitioners and respondents derive their title under the will of George Dornhofer, who had his domicil in Nuremberg, Bavaria, and who died seised of the land in question on November 8, 1874. His will was duly admitted to probate in this county, and contained the following provisions: “ As heirs of what I leave, I hereby ordain and appoint…

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Petition for partition of a parcel of land in Hanover Street, Boston. The case was heard by Colt, J., upon the following agreed facts: The petitioners and respondents derive their title under the will of George Dornhofer, who had his domicil in Nuremberg, Bavaria, and who died seised of the land in question on November 8, 1874. His will was duly admitted to probate in this county, and contained the following provisions: “ As heirs of what I leave, I hereby ordain and appoint my sister Magdalena Schubert, John Goss, Jacob Goss, and Betti Schmaunz, to the effect that each of these four persons…

1Opinion of the CourtField, J.

The intention of the testator as expressed in his will must be carried out, if it can be done consistently with the law of this Commonwealth. The testator first ordains and appoints Magdalena Schubert, John Goss, Jacob Goss and Betti Schmaunz, his heirs, “to the effect that each of these four persons should take a quarter of all I leave, in equal rights and portions.” These provisions, standing alone, would entitle each to one undivided quarter part in fee simple of all his real estate. An estate in fee simple is not to be cut down to a less estate by the subsequent terms of a will, unless…

2Cases cited3 opinions

  1. Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
  2. Brightman v. BrightmanMassachusetts Supreme Judicial Court · 1868
  3. Taggard v. PiperMassachusetts Supreme Judicial Court · 1875

3Cited by17 opinions

  1. Welch v. BrimmerMassachusetts Supreme Judicial Court · 1897
  2. Chase v. LaddMassachusetts Supreme Judicial Court · 1891
  3. Hooper v. BradburyMassachusetts Supreme Judicial Court · 1882
  4. Riley v. DaySupreme Court of Kansas · 1913
  5. White v. InmanMississippi Supreme Court · 1951

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