Shaw v. Hussey
Supreme Judicial Court of Maine
On Repoet from Nisi Prius, Cutting, J., presiding. This was a writ of Entry. Plea, the general issue, with a claim for betterments. The demandants claimed title under the will of Ezekiel Hayes, deceased.
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On Repoet from Nisi Prius, Cutting, J., presiding. This was a writ of Entry. Plea, the general issue, with a claim for betterments. The demandants claimed title under the will of Ezekiel Hayes, deceased. The tenant claimed under a deed from Polly Hayes, (widow of said Ezekiel,) to him dated June 12, 1850, acknowledged June 27, 1850, and recorded February 6, 1851. Also deed from said Polly Hayes to said Miles Hussey, dated May 3, 1849. The testimony was submitted to the full Court, or so much thereof as the Court might deem legally admissible, with authority to enter judgment conformable to…
1Opinion of the CourtTenney, C. J.
The real estate in controversy was the property of Ezekiel Hayes at the time of his decease. He died testate, and in his will are the following provisions, with others not deemed material to the question at issue. “ 2d, I give and bequeath to my beloved wife Polly Hayes all my estate, real and personal, during her natural life, subject to the payment by her, as hereinafter described, of the following legacies and entailments after her decease.” “ 6th, I will, that at the decease of my wife, all my real estate, that may remain unexpended by her, be divided in equal shares between Ansel Shaw,…
2Cases cited3 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Jackson v. RobinsNew York Supreme Court · 1819
3Cited by9 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Melton v. CampSupreme Court of Georgia · 1905
- Foote v. SandersSupreme Court of Missouri · 1880
- Loud v. PolandSupreme Judicial Court of Maine · 1927
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