Snow v. Snow
Massachusetts Supreme Judicial Court
Appeal by Nathaniel A. Snow from a decree of the Probate Court ordering the distribution of the estate of Nathaniel Atwood. Hearing before Wells, J., who affirmed the decree of the Probate Court. Nathaniel A. Snow appealed, and the judge reported the case for the consideration of the full court. Nathaniel Atwood died intestate in 1871, and Jesse C. Snow was appointed administrator of his estate. The intestate left no issue, no parents, and no brother or sister.
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Appeal by Nathaniel A. Snow from a decree of the Probate Court ordering the distribution of the estate of Nathaniel Atwood. Hearing before Wells, J., who affirmed the decree of the Probate Court. Nathaniel A. Snow appealed, and the judge reported the case for the consideration of the full court. Nathaniel Atwood died intestate in 1871, and Jesse C. Snow was appointed administrator of his estate. The intestate left no issue, no parents, and no brother or sister. His next of Mn were the appellant, who was the son of his deceased sister, Abigail A. Snow, and the four children of Frances A.…
1Opinion of the CourtMorton, J.
Our statute of distributions provides that when a person dies intestate, leaving “ no issue, and no father, mother, brother, nor sister,” his estate shall descend “ to his next of kin in equal degree; except that when there are two or more collatteral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor who is more remote.” Gen. Sts. c. 91, § 1, cl. 5.
We have no doubt that this provision was intended to apply to the case of a person leaving as his next of kin nephews or nieces,…
2Cited by10 opinions
- Balch v. StoneMassachusetts Supreme Judicial Court · 1889
- Douglas v. CameronNebraska Supreme Court · 1896
- Theberge v. HoweMassachusetts Supreme Judicial Court · 1943
- Brown v. City of BarabooWisconsin Supreme Court · 1895
- In re Martin's EstateSupreme Court of Vermont · 1923
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