Claflin v. Perry
Massachusetts Supreme Judicial Court
This was an action of assumpsit, and was submitted to the determination of the Court upon the following facts agreed by the parties. [*426] * Samuel L. Scammell died testate, leaving two sons, John and Alexander, his only heirs at law.
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This was an action of assumpsit, and was submitted to the determination of the Court upon the following facts agreed by the parties. [*426] * Samuel L. Scammell died testate, leaving two sons, John and Alexander, his only heirs at law. In the last will and testament of the said deceased, which has been duly proved in the county of Norfolk, was a devise in the following words, namely : — “ I give and bequeath unto my beloved daughter, E¡de Scammell, wife of my son, Alexander S., and to her heirs, namely, Samuel S., Daniel S., Lisle S., children of my beloved son, Alexander, and the said Ede,…
1Opinion of the CourtPutnam, J.
In this case, the claims the rents and of one half of certain real estate, in virtue of a levy of his execution upon the same, as the estate of one Alexander Scammell.
The defendant resists the claim, upon the ground that the said A. S. had no estate in the premises ; and, if he had, that the proceedings upon the execution have not been such as to entitle the plaintiff to this action.
The plaintiff contends, that A. S. had a freehold estate in the premises, for and during the life of Ede, his wife, in virtue of the following clause in the last will and testament of Samuel L. Seim *374mell, father…
2Cited by1 opinion
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