Cochran v. Thorndike
Massachusetts Supreme Judicial Court
Petition to the Probate Court by the widow of Samuel Q. Cochran, who died testate on March 21, 1881, leaving no issue living, alleging that, having waived the provisions of her husband’s will, she was, under the St. of 1880, c. 211, entitled in fee to real estate of her husband to the amount of $5000, and praying that it might be assigned and set off to her by metes and bounds.
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Petition to the Probate Court by the widow of Samuel Q. Cochran, who died testate on March 21, 1881, leaving no issue living, alleging that, having waived the provisions of her husband’s will, she was, under the St. of 1880, c. 211, entitled in fee to real estate of her husband to the amount of $5000, and praying that it might be assigned and set off to her by metes and bounds. The judge of probate appointed commissioners to set off to the petitioner real estate of her husband in accordance with the prayer of the petition; and the respondents appealed to this court. Hearing before Endicott,…
1Opinion of the CourtDevens, J.
The petitioner, whose husband has died leaving no issue, has waived the provisions of the will in her favor under the St. of 1861, c. 164, and now claims real estate in fee to the value of $5000 by virtue of the St. of 1880, c. 211. The question presented is whether she is entitled to any greater portion of her husband’s estate than she would be entitled to under the statutes, regulating the descent and distribution of intestate estates, which existed and were in force at the time the St. of 1861 was enacted.
Before the St. of 1861, c. 164, it had long been the law of this Commonwealth that a…
2Cited by7 opinions
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