Massachusetts § 3 Realty subject to curtesy or dower; sale; proceeds

Massachusetts Statutes

§ 3 — Realty subject to curtesy or dower; sale; proceeds

Massachusetts § 3

Part IIREAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title IIDESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS

Ch. 202SALES, MORTGAGES AND LEASES OF REAL ESTATE BY EXECUTORS, ADMINISTRATORS, GUARDIANS AND CONSERVATORS

This text of Massachusetts § 3 (Realty subject to curtesy or dower; sale; proceeds) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 202, § 3 (2026).

Text

Section 3. Upon a petition by an executor or administrator to sell real estate of a deceased person, if it shall appear that a surviving husband is or may be entitled to an estate of curtesy, or a surviving wife to an estate of dower in the premises to be sold, the probate court may, if the petitioner so requests, and after notice, license him to sell the same free and clear of any such interest or claim on the part of the surviving husband or wife. One third of the proceeds of the sale shall thereupon be set apart for the period during which such curtesy or dower may be claimed; and if a claim is duly made therefor, the court shall appoint a trustee to administer the same in accordance with section thirty-five of chapter two hundred and forty-one, unless the parties in interest shall othe

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Section 3. Upon a petition by an executor or administrator to sell real estate of a deceased person, if it shall appear that a surviving husband is or may be entitled to an estate of curtesy, or a surviving wife to an estate of dower in the premises to be sold, the probate court may, if the petitioner so requests, and after notice, license him to sell the same free and clear of any such interest or claim on the part of the surviving husband or wife. One third of the proceeds of the sale shall thereupon be set apart for the period during which such curtesy or dower may be claimed; and if a claim is duly made therefor, the court shall appoint a trustee to administer the same in accordance with section thirty-five of chapter two hundred and forty-one, unless the parties in interest shall otherwise agree upon a division of the proceeds without the appointment of a trustee, and the probate court may approve any such agreement on the part of the executor or administrator.