Cook v. Cook

Massachusetts Supreme Judicial Court

Cook v. Cook

77 Mass. 123

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1858

StatusPublished

This text of 77 Mass. 123 (Cook v. Cook) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Cook, 77 Mass. 123 (Mass. 1858).

Pincite

Opinion

Shaw, C. J.

The Walton Farm was an entire and distinct estate, used together and consisting, of dwelling-house, homestead, arable, mowing and woodland; this was set off to the widow. The right to firewood attaches as a right to sufficient wood to be used on that estate, whether occupied by the widow herself or let to others. But we are of opinion that the widow had no right to take firewood for her own use, in another and distinct village estate, although included in the assignment of dower. Judgment for the plaintiffs.

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Shaw, C. J.

The Walton Farm was an entire and distinct estate, used together and consisting, of dwelling-house, homestead, arable, mowing and woodland; this was set off to the widow. The right to firewood attaches as a right to sufficient wood to be used on that estate, whether occupied by the widow herself or let to others. But we are of opinion that the widow had no right to take firewood for her own use, in another and distinct village estate, although included in the assignment of dower. Judgment for the plaintiffs.

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Bluebook (online)

77 Mass. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-cook-mass-1858.