Quinby v. Higgins
Supreme Judicial Court of Maine
This was an action of assumpsit, brought on a note- or memorandum, signed by the defendant, in the following words : “Westbrook, June 8, 1830. “ Received of Benjamin Quinby, administrator on the estate of Miles Winslow, fifty-one dollars, and twenty-five cents. . “Timothy Higgins, “Guardian to Winslow F. Higgins.” The case was submitted on the following agreed statement of facts.
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This was an action of assumpsit, brought on a note- or memorandum, signed by the defendant, in the following words : “Westbrook, June 8, 1830. “ Received of Benjamin Quinby, administrator on the estate of Miles Winslow, fifty-one dollars, and twenty-five cents. . “Timothy Higgins, “Guardian to Winslow F. Higgins.” The case was submitted on the following agreed statement of facts. Miles Winslow of Westbrook, died on the. 12th day of March, 1824, intestate and without children, leaving three brothers, and the children of three deceased brothers. The defendant married one of the daughters of…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was drawn up by
Emery J.
-By our statute, c. 38, sec. 17, respecting wills and testaments, and regulating the descent of intestate estates, it is enacted, that when any person shall die seised of any lands, tenements, or hereditaments, or any right thereto, or entitled to any interest therein, in fee simple or for the life of another, not having lawfully devised the same, the same shall descend in equal shares to his children and to the lawful issue of any deceased child by right of representation. When there shall be no issue, nor…
2Cited by2 opinions
- Van Cleve v. Van FossenMichigan Supreme Court · 1889
- Noteware v. ColtonNebraska Supreme Court · 1914