Abbott v. Abbott
Massachusetts Supreme Judicial Court
Tort for trespass upon real estate in Springfield. In the superior court the facts were agreed, and those which are material appeared substantially as follows: The plaintiffs were the widow and the only minor child of W; W. Abbott. The defendant was guardian of the child, who was a girl ten years old. The action was commenced by the widow, for herself, and as next friend of the child, without consultation with the child or her guardian and without the child’s knowledge.
Read the full summary
Tort for trespass upon real estate in Springfield. In the superior court the facts were agreed, and those which are material appeared substantially as follows: The plaintiffs were the widow and the only minor child of W; W. Abbott. The defendant was guardian of the child, who was a girl ten years old. The action was commenced by the widow, for herself, and as next friend of the child, without consultation with the child or her guardian and without the child’s knowledge. The real estate in question was set off to the plaintiffs by the probate court as the plaintiffs’ estate of homestead, and…
1Opinion of the CourtGray, J.
A right of homestead, under our statutes, is a freehold estate, defeasible, during the life of the householder, only by deed in which his wife, if any, or, if she is insane, her guardian joins, or by acquiring a new homestead. Gen. Sts. c. 104, §§ 1, 2, 7, 8. Silloway v. Brown, 12 Allen, 30. Kerley v. Kerley, 13 Allen, 286. Woodbury v. Luddy, 14 Allen, 1.
By the Gen. Sts. c. 104, § 12, “the estate or right of homestead of any householder, existing at his death, shall continue for the benefit of his widow and minor children, and be held and enjoyed by them, if some one of them occupies the…
2Cited by7 opinions
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
- Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980
- Attorney General v. Dime Savings Bank of New York, FSBMassachusetts Supreme Judicial Court · 1992
- Paul v. PaulMassachusetts Supreme Judicial Court · 1884
- Foster v. LelandMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.