Cowdrey v. Cowdrey
Massachusetts Supreme Judicial Court
Two appeals, by the sole heir at law of Jonas Cowdrey, from decrees of the Probate Court. The decree in the first case accepted the report of commissioners assigning to Mary B. Cowdrey, widow of said Jonas, dower in the whole of the real estate of the deceased. The decree in the second case accepted the report of commissioners setting off to said widow an estate of homestead in said estate remaining after the assignment of dower.
Read the full summary
Two appeals, by the sole heir at law of Jonas Cowdrey, from decrees of the Probate Court. The decree in the first case accepted the report of commissioners assigning to Mary B. Cowdrey, widow of said Jonas, dower in the whole of the real estate of the deceased. The decree in the second case accepted the report of commissioners setting off to said widow an estate of homestead in said estate remaining after the assignment of dower. At the hearing, before JSndicott, J., the following facts appeared. Jonas Cowdrey owned and occupied as a householder, having a family, the land and buildings…
1Opinion of the CourtMorton, J.
Jonas Cowdrey, the husband of the petitioner, acquired an estate of homestead under the St. of 1855, c. 238, which was not lost by the enactment of the St. of 1857, c. 298, as that statute contained a clause saving any rights acquired under the previous statutes. The Gen. Sts. c. 104, § 3, provide that “all existing estates or rights of homestead which'have been acquired under any law heretofore in force, shall continue to be held and enjoyed notwithstanding the repeal of such law.” The effect of this provision was that Jonas Cowdrey continued *188after its passage to hold and enjoy the estate of…
2Cited by2 opinions
- Horton v. HilliardSupreme Court of Arkansas · 1893
- Robinson v. DaytonMassachusetts Supreme Judicial Court · 1906