Litchfield v. Cudworth
Massachusetts Supreme Judicial Court
Writ of entry. The defendant pleaded nul disseisin; upon which plea issue was joined. The trial was before Putnam J. It appeared, that on February 24, 1807, the whole of the real estate described in the declaration, which consisted of several parcels, was conveyed by John Cudworth to his son, John Cudworth junior ; that on the same day it was mortgaged back by the son, upon the condition of supporting his father and mother during their lives ; that the son died intestate,…
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Writ of entry. The defendant pleaded nul disseisin; upon which plea issue was joined. The trial was before Putnam J. It appeared, that on February 24, 1807, the whole of the real estate described in the declaration, which consisted of several parcels, was conveyed by John Cudworth to his son, John Cudworth junior ; that on the same day it was mortgaged back by the son, upon the condition of supporting his father and mother during their lives ; that the son died intestate, having survived his father ; that the mother was still living; and that upon the death of the son, the estate descended to…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The whole of the real estate described in the demandant’s declaration, and of which he demands certain undivided shares, was m 1807 the estate of John Cudworth. In that year Cudworff conveyed the same to his-son John Cudworth junior, who mortgaged it back to secure the support of his father ana mother during their lives. The son, having survived the father, died, leaving the mother alive, who is still living.
This estate, upon the death of John Cudworth junior, descended to his children, subject to the mortgage aforesaid, and liable for the payment…
2Cases cited13 opinions
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- White v. BondMassachusetts Supreme Judicial Court · 1820
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3Cited by4 opinions
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961
- Estate of Rudnick v. CommissionerUnited States Tax Court · 1961