Smithwick v. Jordan
Massachusetts Supreme Judicial Court
This was a writ of entry, wherein the demandants claim possession -of certain real estate in Boston, of which their grandmother, Mary Lobb, died seised. It was admitted, upon the trial of the general issue, which was had before the chief justice at the last November term in this county, that the demandants were sole heirs at law of the said Mary, and that she died seised of the premises •demanded; unless she had, before her death, alienated the same to the tenant.
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This was a writ of entry, wherein the demandants claim possession -of certain real estate in Boston, of which their grandmother, Mary Lobb, died seised. It was admitted, upon the trial of the general issue, which was had before the chief justice at the last November term in this county, that the demandants were sole heirs at law of the said Mary, and that she died seised of the premises •demanded; unless she had, before her death, alienated the same to the tenant. To show this, the tenant produced in evidence three several .deeds, signed, sealed, delivered, and acknowledged, by the said Mary,…
1Opinion of the CourtParker, C. J.
The title of the demandants, as heirs, being interrupted by the devise of their ancestor, — if that devise be good, it is plain that they cannot maintain their action for possession of the premises. The will containing the devise has been regularly proved and allowed in the Supreme Court of Probate ; and nothing can now be objected to the interest claimed under it, but some legal disability of the testatrix.
It is suggested that she was not seised of the estate at the time the devise was made; and so, by our statute of wills, she had no right to dispose of the same by will. The principle is…
2Cases cited4 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Jackson ex dem. Russell v. CroyNew York Supreme Court · 1815
- Campbell v. KetchamCourt of Appeals of Kentucky · 1809
3Cited by8 opinions
- Graham v. BurchSupreme Court of Minnesota · 1891
- Barney v. BarneyMichigan Supreme Court · 1915
- Barnett's AppealSupreme Court of Pennsylvania · 1864
- Brown v. HellerNew Mexico Supreme Court · 1924
- Hinton v. NelmsSupreme Court of Alabama · 1848
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