Legal Opinion

Dexter v. Dexter

U.S. Circuit Court for the District of Rhode Island

Decided November 15, 1826PublishedCited by 3 opinions

[This was an action of ejectment by Edward Dexter, Jr., against William Dexter.] The cause came on to be heard upon a special statement of facts agreed by the parties, as follows: “It is agreed that the estate described in the plaintiff’s declaration, descended from Stephen Dexter, the grandfather of the brothers.

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[This was an action of ejectment by Edward Dexter, Jr., against William Dexter.] The cause came on to be heard upon a special statement of facts agreed by the parties, as follows: “It is agreed that the estate described in the plaintiff’s declaration, descended from Stephen Dexter, the grandfather of the brothers. Joseph Dexter and Moses Dexter, late of North Providence, deceased, through their father, Joseph Dexter, first to the said first named Joseph, the brother, and transmitted by inheritance from him to his brother, the said Moses, the person last seised, as follows, viz. That the said…

1Opinion of the Court

STORY, Circuit Justice.

The statute of descents of Rhode Island (page 222), enacts, “that when any person, having title to any real estate of inheritance, shall die intestate as to such estate, it shall descend and pass in equal portions to his or her kindred,” in the manner pointed out by the act. One of the clauses, applicable to the facts of the present case, is, “if there be no grandfather, *612then- to the grandmother, uncles, and aunts, on the same side, and their descendants, or such of them as there be.” Afterwards comes the following clause: “The descendants of any person deceased shall…

2Cited by3 opinions

  1. Stallworth v. StallworthSupreme Court of Alabama · 1856
  2. B. M. C. Durfee Trust Co. v. FranzheimMassachusetts Supreme Judicial Court · 1965
  3. Arnold v. O'ConnorSupreme Court of Rhode Island · 1915

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