Wheelwright v. Wheelwright
Massachusetts Supreme Judicial Court
The petitioners set forth that the said Joseph is seised in fee-simple of four undivided ninth parts, and the other petitioners of two undivided ninth parts, of thirty-one acres of salt-marsh lying in Wells, in common with the said Aaron Wheelwright, and they pray that their respective parts may be set off to them in severalty.
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The petitioners set forth that the said Joseph is seised in fee-simple of four undivided ninth parts, and the other petitioners of two undivided ninth parts, of thirty-one acres of salt-marsh lying in Wells, in common with the said Aaron Wheelwright, and they pray that their respective parts may be set off to them in severalty. The respondent pleads in bar that Samuel Wheelwright, grandfather of the respondent, on the 30th day of January, A. D. 1700, being seised in fee of the premises, made his last will in writing, which was afterwards duly proved, and by which he devised the premises to…
1Opinion of the Court
The cause was continued for advisement, and at this term the opinion of the Court was delivered by
Parsons, C. J.,
(who stated the history of the cause, and proceeded.) The right which the father of the respondent had to convey any of the lands he held in tail must be derived from the statute of March 8, 1792. By that statute it is made lawful foi any person of full age, seised in fee tail of any lands, by deed duly executed before two subscribing witnesses, acknowledged before the Supreme Judicial Court, Court of Common Pleas, or a justice of the peace, and registered in the records of the…
2Cases cited1 opinion
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
3Cited by95 opinions
- Hotaling v. HotalingCalifornia Supreme Court · 1924
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Stanton v. . MillerNew York Court of Appeals · 1874
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
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