Mayo v. Boyd
Massachusetts Supreme Judicial Court
This was a writ of entry sur disseisin, pending in the county of Cumberland, in which the demandant claimed one undivided twenty-seventh part of the premises described. May term, 1805, the cause was submitted to the Court upon the following facts agreed by the parties.
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This was a writ of entry sur disseisin, pending in the county of Cumberland, in which the demandant claimed one undivided twenty-seventh part of the premises described. May term, 1805, the cause was submitted to the Court upon the following facts agreed by the parties. The premises demanded were in the seisin and possession of Joseph Quinby of Falmouth, who died seised thereof in fee simple, on the 30th of April, A. D. 1776, having, by his last will and testament duly proved, devised the same to his three sons, Thomas, John, and Levi, in equal shares, all of whom entered under the will, and…
1Opinion of the Court
*13At this term, the following opinion of the Court was delivered by
* Parsons, C. J.
It appears from the case stated that [ * 15 J Thomas Quinby died intestate, seised in fee simple of one undivided third part of the premises, before the passing of the statute of 1783, c. 36. His estate therefore descended agreeably to the provisions of the provincial statutes then in force. He died intestate, unmarried, and of age, and he left a mother, his brother Levi, another brother, three sisters, and three nephews (one of which is Frederick, the bankrupt), the children of a deceased brother.
The provincial…
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