Baker v. Baker

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: LATHROP, J.
• Citation: Baker v. Baker, 167 Mass. 575, 46 N. E. 391 (Mass. 1897)
• Decision Date: 26 February 1897
• Parties: BAKER v. BAKER.

167 Mass. 575

46 N.E. 391

BAKER v. BAKER.

Supreme Judicial Court of Massachusetts, Worcester.

February 26, 1897

The case was submitted on appeal on the following agreed facts: "Previous to the 12th day of April, 1880, Lovell Baker, the respondent, was the owner in fee of the following described real estate, to wit: 'All those several tracts of land situate on Laurel and Shelby streets, in said Worcester, and more specifically described in deed of the Mechanics' Savings Bank to Sarah P. Baker dated April 12, 1880, and recorded with Worcester District Registry of Deeds, Book 1072, page 220, excepting therefrom certain tracts of land conveyed by said Sarah P. Baker by deeds recorded in said registry in Book 1104, page 496, Book 1230, page 566, and excepting therefrom certain tracts of land conveyed by Lovell Baker, John L. Baker, and Cynthia E Farnsworth, by deeds recorded in said registry in Book 1283 page 300, Book 1297, page 264, Book 1322, page 35, and Book 1319, page 366.' And on said April 12, 1880, said Lovell Baker conveyed said premises through a conduit to his wife Sarah P. Baker, in fee to her sole and separate use. On the same day, Sarah P. Baker, her husband joining to release his rights of curtesy therein, mortgaged said premises to the Worcester Mechanics' Savings Bank for fifteen thousand dollars, which mortgage still exists, it never having been foreclosed, paid, or discharged. On September 22, 1885, Sarah P. Baker died, intestate, leaving her husband, the respondent, and two children, John L. Baker and Cynthia E. Farnsworth, surviving her. At the time of her decease, said Sarah P. Baker was seised in fee of said premises, subject to the mortgage as aforesaid. Said John L. Baker died on November 6, 1894, intestate, leaving no issue, and never having conveyed away his interest in said premises. The petitioner, Annie E. Baker, is the widow of said John L. Baker. Cynthia E. Farnsworth, daughter of Lovell Baker and Sarah P. Baker, and sister of John L. Baker, is still living. Lovell Baker now is, and ever since the decease of his wife, Sarah P. Baker, has been, in the sole, rightful, and undisputed possession and occupancy of said premises, as tenant by the curtesy. One undivided half of said premises subject to said mortgage, and subject to Lovell Baker's life estate, is worth five thousand dollars, and no more. There is no other real estate other than that described as aforesaid, out of which the petitioner can be entitled to have an estate in fee set out to her, under sections 3 and 17, c. 124, Pub.St."

COUNSEL

Rice, King & Rice, for appellant.

Herbert Parker and Frederick E. Gunnison, for appellee.

OPINION

LATHROP J.

On the principal question argued, we do not see that the case before us differs in any essential particular from Watson v Watson, 150 Mass. 84, 22 N.E. 438. In that case it was held that under Pub.St. c. 124, § 3, a widow was not entitled to an estate in fee not exceeding $5,000 in lands in...