Sanford v. Sanford
| Decision Date | 06 September 1883 |
| Citation | 135 Mass. 314 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Mary C. Sanford & others v. Mary E. Sanford |
Argued October 25, 1882
Bristol. Writ of entry to recover four parcels of land in Taunton. The tenant pleaded nul disseisin as to one parcel and disclaimed as to two parcels; and the demandants discontinued as to the fourth parcel. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows:
The demandants, who were the heirs at law of Alpheus Sanford, and their legal representatives, claimed title to the demanded premises under the will and codicil of said Sanford. By the will, which was duly proved and allowed on April 23, 1873 the testator gave to his son, A. Jones Sanford, "the improvement" of the lands demanded, including one half of the homestead estate (the lower part) and one half of the barn; providing that and further providing that, upon the death of his said son, said property, "the improvement of which has been given to him," should go to the testator's heirs at law in fee; and also gave to the testator's daughter, Amelia A. Paull, one undivided half of his homestead (the upper part), and one half of the barn and land used by him in connection with the homestead, "for her personal use, and not to lease or let." The codicil provided as follows: "The homestead being given to Jones and Amelia, I change the same only by giving the same undivided to them, but for their personal occupation as set forth in my will." A. Jones Sanford died in October, 1878.
On April 23, 1873, Jones conveyed by a quitclaim deed his estate in the homestead and other real estate so devised to him to Charles A. Phillips, who on the same day, as a conduit, conveyed it to Jones's wife, the tenant in this action.
On July 6, 1876, the collector of taxes of Taunton sold the several parcels which had been so devised to Jones, for the non-payment of taxes, said undivided half of the homestead estate being sold to Roger Paull, the husband of Amelia A Paull. The collector's notice stated that he should offer for sale "said parcels of real estate, or such undivided portions of them as...
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Phelps v. Phelps
...v. Kirkland, 8 Gray, 512; Hatfield v. Sohier, 114 Mass. 48; Simonds v. Simonds, 121 Mass. 191; Smith v. Snow, 123 Mass. 323; Sanford v. Sanford, 135 Mass. 314. examination of the provisions of the will shows the purpose and intention of the testator. The provision that the grandsons shall h......