Legal Opinion

Goodspeed v. Lawrence

Massachusetts Supreme Judicial Court

Decided March 3, 1911Published

Appeal by the trustee under the will of Thomas H. Lawrence, late of Falmouth, the petitioner in a petition under R. L. c. 132, § 9, from a decree of the Probate Court for the county of Barn-stable confirming the report of commissioners appointed to set off dower in the estate of the testator, by which there was set off to the respondent as his widow, who had waived the provisions of his will, twenty-seven lots of land in that part of Falmouth known as Falmouth Heights, two…

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Appeal by the trustee under the will of Thomas H. Lawrence, late of Falmouth, the petitioner in a petition under R. L. c. 132, § 9, from a decree of the Probate Court for the county of Barn-stable confirming the report of commissioners appointed to set off dower in the estate of the testator, by which there was set off to the respondent as his widow, who had waived the provisions of his will, twenty-seven lots of land in that part of Falmouth known as Falmouth Heights, two of the lots being described as on Grand Avenue and the remaining twenty-five lots as on Amherst Avenue, and the value of…

1Opinion of the CourtLoring, J.

The sole question presented in this case is whether twenty-seven lots of land set off to the respondent as dower are wild lands within R. L. c. 132, § 3.

These twenty-seven lots, together with other similar lots of which the deceased died seised, were originally part of a large tract bordering upon or near the waters of Vineyard Sound which had been laid out for a summer resort and for that purpose restricted to dwelling houses, with some other incidental restrictions to make that restriction more effectual. Hone of lots had been sold by the deceased during his lifetime. Since his death…

2Cases cited2 opinions

  1. Conner v. ShepherdMassachusetts Supreme Judicial Court · 1818
  2. Leonard v. LeonardMassachusetts Supreme Judicial Court · 1808

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