Legal Opinion

Miller v. Miller

Massachusetts Supreme Judicial Court

Decided October 15, 1815PublishedCited by 2 opinions

This was an appeal from a decree of the judge of probate for this county, accepting the return of commissioners appointed by him to assign to the respondent her dower in the estate of her late husband, William R. Miller, the appellants being her heirs at law.

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This was an appeal from a decree of the judge of probate for this county, accepting the return of commissioners appointed by him to assign to the respondent her dower in the estate of her late husband, William R. Miller, the appellants being her heirs at law. On inspecting the return, it appeared that the commissioners had valued the whole real estate of the deceased at $ 30,000 ; that it consisted of a mansion-house and * homestead, [ * 455 J with some pasture lots, in Milton in this county ; two dwelling-houses and a vacant lot in Boston, in the county of Suffolk, and a tract of…

1Per curiam

The first objection cannot prevail. There is no statute directing the judge of probate to appoint commissioners who reside only in the county to which the deceased belonged. Indeed, *398his power to order the assignment of dower is merely by implication, being inferred from the provisions of certain provincial acts. By the statute of 1783, c. 40, which has been cited, where the widow obtains her writ of seizin, the sheriff is directed to cause her dower to be set forth by freeholders of the same county ; but this "refers to the county wherein the lands lie, and not where the husband dwelt at the…

2Cases cited1 opinion

  1. Leonard v. LeonardMassachusetts Supreme Judicial Court · 1808

3Cited by2 opinions

  1. Fuller v. RustMassachusetts Supreme Judicial Court · 1891
  2. Inhabitants of Marshpee v. Inhabitants of EdgartownMassachusetts Supreme Judicial Court · 1839

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