Ives v. Ashley
Massachusetts Supreme Judicial Court
Petition for partition. The petitioner claimed one undi vided fourth part of the premises, as one of the four heirs of Matthew Ives, Senior. Mrs. Elizabeth Wood, the only respondent who appeared and answered, claimed to be seised of (hem as sole heir of her father, Matthew Ives, Junior.
Read the full summary
Petition for partition. The petitioner claimed one undi vided fourth part of the premises, as one of the four heirs of Matthew Ives, Senior. Mrs. Elizabeth Wood, the only respondent who appeared and answered, claimed to be seised of (hem as sole heir of her father, Matthew Ives, Junior. At the hearing in the superior court, before Wilkinson, J., the material facts appeared substantially as follows : The premises consisted of two lots, both of which belonged to the estate of Matthew Ives, Senior, deceased. His widow, Rhoda Ives, and Matthew Ives, Junior, were administrators of his estate. The…
1Opinion of the CourtChapman, J.
The authorities cited by the petitioner’s counsel do not sustain their position that if an administrator, who is about to sell real estate, procures a person to purchase it on his account, the sale is therefore void. The heirs may, within a reasonable time, elect to avoid it, and the purchaser is in such case regarded as a trustee; or they may allow it to stand, and in such case it is valid without any further act.
But the testimony of Whitman in this case tended to show that he bid off the property on his own account, and not as the agent of the administrator. He was influenced to do so by…
2Cases cited1 opinion
- Carver v. JacksonSupreme Court of the United States · 1830
3Cited by12 opinions
- Comstock v. BowlesMassachusetts Supreme Judicial Court · 1936
- Thornton v. IrwinSupreme Court of Missouri · 1869
- McGaughey v. BrownSupreme Court of Arkansas · 1885
- Nabours v. McCordTexas Supreme Court · 1904
- Denholm v. McKayMassachusetts Supreme Judicial Court · 1889
7 more not listed; retrieve them via the Exa API.