Legal Opinion

Watson v. Watson

Massachusetts Supreme Judicial Court

Decided November 11, 1889PublishedCited by 11 opinions

Appeal from a decree of the Probate Court dismissing the petition of Lena L. Watson, wife of John W. Watson, deceased intestate, and leaving no issue, for the assignment to her of an estate in fee not exceeding five thousand dollars in value in lands in which he had a vested remainder only, which lands were in the possession of Martha R Watson as tenant for life. Holmes, J., affirmed the decree; and the petitioner appealed to the full court.

1Opinion of the CourtC. Allen, J.

The only interest which the petitioner’s husband had in any real estate at the time of his death was a vested remainder in certain lands, now'in possession of the respondent as tenant for life; and the question is, whether the petitioner is entitled to an interest therein to an amount not exceeding five thousand dollars, by virtue of the Pub. Sts. c. 124, § 3, wherein it is provided as follows: “ A wife shall be *85entitled to her dower at common law in the lands of her deceased husband. When her husband dies intestate and leaves no issue living, she shall take his real estate in fee to an…

2Cases cited1 opinion

  1. Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811

3Cited by11 opinions

  1. Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
  2. Whitman v. HuefnerMassachusetts Supreme Judicial Court · 1915
  3. Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
  4. McGuire v. CookSupreme Court of Arkansas · 1911
  5. Maloney v. McCulloughSupreme Court of Arkansas · 1949

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