Fontaine v. Amelotte

This is a writ of entry to recover possession of a tenement house lot situated at the northwest comer of the original home place of the late Thomas Martin of Spencer; the question at issue being whether the demanded premises passed to the defendant under the second clause of his will by specific devise of the testator’s “ homestead estate,” or passed to the plaintiff and the defendant as co-tenants under the residuary clause of said will.

In 1859 said Martin purchased a tract of land on the corner of Maple and Cherry streets in Spencer, including all of the premises now in controversy, and an…