T. Julian v. Boston, Clinton, Fitchburg & New Bedford Railroad Co.
| Decision Date | 25 June 1880 |
| Citation | 128 Mass. 555 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Abigail, T. Julian v. Boston, Clinton, Fitchburg & New Bedford Railroad Company |
Worcester. Writ of Dower. The case was submitted to the Superior Court, and, after judgment for the demandant, to this court on appeal, on an agreed statement of facts, in substance as follows:
The demandant in 1832 was legally married to Luke Julian, who was seised and possessed of the demanded premises in 1837. He afterwards conveyed the same to Theodore Moses, the demandant's father, by a deed which she did not sign, nor has she at any time since, in any manner, released her right of dower in said premises. Luke died in 1877, and the demandant made legal demand on the tenant to assign her dower in said premises before bringing this writ. Moses afterwards conveyed said premises by warranty deed, and the same came to the tenant by mesne conveyances, so tat the tenant relies upon the warranty in Moses's deed. Moses died in 1862, in New Hampshire, of which state at the time of his decease and for many years he was a resident, and his children are and always have been residents of that state. He left an estate which by will was given to trustees for the benefit of eight children living at his decease, the income to be paid to them during their lives. His will was duly admitted to probate in New Hampshire; his estate has been settled in due course of law, and paid over to said trustees; and the time limited for commencement of actions against the executor by the statutes of this Commonwealth and of New Hampshire has expired. No provision was made in the will for the payment of any claim arising from or under his conveyance of said premises. The sum of $ 4000 was given to said trustees for the benefit of the demandant during life to the extent of the income thereof, some of the other children receiving a much larger sum and none a smaller; and, under the residuary clause of the will, there was received by each of said children the sum of $ 839.10, which sum is less than the value of the demandant's dower interest in the premises, but the income received from said trust fund added to the same would exceed the value of her dower interest.
Judgment affirmed.
G. A Bruce, for the demandant.
G. A Torrey, for the tenant.
OPINION
The demandant has not received, as heir of her father, any real estate. She has not, therefore, received anything which independently of our...
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...in this commonwealth. G. L. c. 197, §§ 28-34; Hall v. Bumstead, 20 Pick. 2; Valentine v. Farnsworth, supra; Julian v. Boston, Clinton, Fitchburg & New Bedford Railroad, 128 Mass. 555;Bassett v. Drew, 176 Mass. 141, 57 N. E. 384;Converse v. Nichols, 202 Mass. 270, 89 N. E. 135. The existence......
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