Legal Opinion · Concurrence

Pillsbury v. Elliott

Supreme Court of New Hampshire

Decided March 22, 1876Published

From Merrimack Circuit Court. Petition for Partition. The petitioner alleges that she is the wife of Luke Pillsbury; that Sarah Frazier, deceased, was in her lifetime seized, as widow of Levi Frazier, of certain real estate as tenant in dower, which real estate was set out to her by metes and bounds; that the same was set out to her October 28, 1858; that the petitioner and one Julia Ann Currier, daughters of said Levi Frazier, were seized as tenants in common of the said…

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From Merrimack Circuit Court. Petition for Partition. The petitioner alleges that she is the wife of Luke Pillsbury; that Sarah Frazier, deceased, was in her lifetime seized, as widow of Levi Frazier, of certain real estate as tenant in dower, which real estate was set out to her by metes and bounds; that the same was set out to her October 28, 1858; that the petitioner and one Julia Ann Currier, daughters of said Levi Frazier, were seized as tenants in common of the said premises, subject to said right of dower; that, on the twenty-fifth day of March, 1874, the said petitioner, by her deed…

1Concurrence

The question presented is one of the construction of a deed. At the date of the plaintiff's conveyance to the defendant, she was sole seized of two thirds of the tract of land described in her deed. The other third had been set out to her mother as dower in the estate of her late husband. The plaintiff was also seized of an undivided half of the reversion in the piece in which her mother had her dower, and her sister, Mrs. Currier, was seized of the other undivided half of the reversion. On the twenty-fifth of March, 1874, the plaintiff, by warranty deed, conveyed said premises to the…

2Cases cited2 opinions

  1. Drew v. DrewSuperior Court of New Hampshire · 1854
  2. Strachn v. FossSupreme Court of New Hampshire · 1860

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