Haskell v. Sargent
Massachusetts Supreme Judicial Court
Petition for partition of certain land in Haverhill. The petitioner claimed title to one half of the premises. The respondent admitted her title to one third, but denied it to more. The case was heard in the Superior Court before Brigham, C. J., without a jury.
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Petition for partition of certain land in Haverhill. The petitioner claimed title to one half of the premises. The respondent admitted her title to one third, but denied it to more. The case was heard in the Superior Court before Brigham, C. J., without a jury. Both parties derived their title from the will of one Rachel French, the material portions of which were as follows : " Art. 1. I give and bequeath to Abigail W. Haskell, wife of Barnabas D. Haskell, of Bradford, county and state aforesaid, in her own right, my front house on the north side of Merrimack Street. “ Art. 2. I give and…
1Opinion of the CourtWells, J.
The intent of the testatrix, as it is manifested to our minds from the frame and phraseology of the will, was to deal with the two children of James Graham collectively, as representing her nephew in equal degree of kindred with her niece, Mrs. Haskell. To her niece she devises the front house by the first article; to the children of her deceased nephew she makes one joint devise of the other house, by the second article.
By the third article she imposes the burden of any deficiency of her estate to pay debts and legacies upon the three individuals, naming them, but, in directing the mode of…
2Cited by9 opinions
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- Townsend v. TownsendMassachusetts Supreme Judicial Court · 1892
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