Proctor v. Atkyns
Massachusetts Supreme Judicial Court
In this case the appellants were Edward Proctor and Hannah, his wife, Martin Gay and Ruth, his wife, and Catharine Lombard; the said Hannah, Ruth, and Catharine, being three of the children and heirs at law of Thomas Atkyns, who died intestate in the year 1787 ; the appellee, Gibbs Atkyns, was a son and one of the heirs of the said Thomas Atkyns.
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In this case the appellants were Edward Proctor and Hannah, his wife, Martin Gay and Ruth, his wife, and Catharine Lombard; the said Hannah, Ruth, and Catharine, being three of the children and heirs at law of Thomas Atkyns, who died intestate in the year 1787 ; the appellee, Gibbs Atkyns, was a son and one of the heirs of the said Thomas Atkyns. The estate of the intestate, excepting what was assigned to his widow as her dower, had been long since divided and distributed to and among his children ; after her death, which was in 1798, application was made to the judge of probate for this…
1Opinion of the Court
The Court were unanimously of opinion that the decree of the judge of probate ought to be reversed, and ordered the entry thereof to be made as follows, viz., “ Because the said Edward Proctor and Hannah, his wife, Martin Gay and Ruth, his wife, and Catharine Lombard, appellants as aforesaid, claim the rhjht and interest, or a part thereof, which the said Gibbs Atkyns had in the estate of the said Thomas Atkyns deceased, by force of a supposed deed here exhibited, and said to have been made by the said Gibbs [ * 323 ] Atkyns * to the said Martin Gay and Ruth, his wife, and others, therein…
2Cited by3 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Stebbins v. LathropMassachusetts Supreme Judicial Court · 1826
- Ward v. WardMassachusetts Supreme Judicial Court · 1834