Eldredge v. Forrestal

Massachusetts Supreme Judicial Court

Eldredge v. Forrestal

7 Mass. 253

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1811

StatusPublished

Cited by16 cases

This text of 7 Mass. 253 (Eldredge v. Forrestal) 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

Eldredge v. Forrestal, 7 Mass. 253 (Mass. 1811).

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Opinion

* Sedgwick, J.

There is no doubt that an actual cotporeal seisin, or a right to such seisin, in the husband during the coverture, is indispensable to entitle his widow to dower; and that a legal seisin of a vested remainder is not sufficient for that purpose. As in this case there was an interposing estate for life, which was not determined until after the death of the husband, it is very clear that the tenant was not entitled to dower. The proceedings in the Probate Court are void ; and judgment must therefore be entered on the verdict.

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* Sedgwick, J.

There is no doubt that an actual cotporeal seisin, or a right to such seisin, in the husband during the coverture, is indispensable to entitle his widow to dower; and that a legal seisin of a vested remainder is not sufficient for that purpose. As in this case there was an interposing estate for life, which was not determined until after the death of the husband, it is very clear that the tenant was not entitled to dower. The proceedings in the Probate Court are void ; and judgment must therefore be entered on the verdict.

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Bluebook (online)

7 Mass. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eldredge-v-forrestal-mass-1811.

Opinion

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