§ 26 — Death of party named in petition

Massachusetts § 26

• Jurisdiction: Massachusetts
• Part III: COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
• Title III: REMEDIES RELATING TO REAL PROPERTY
• Ch. 241: PARTITION OF LAND

Text

Section 26. If a party named in the petition has died prior to the filing thereof, or dies during its pendency, and such fact did not appear during the proceedings, his heir or devisee shall be entitled to the share of land set off to him or his share of the proceeds of a sale. If his death is made known to the court during the proceedings, the share or portion formerly belonging to him may be assigned or set off in his name to be held and disposed of as if the partition had been made prior to his decease, and his heir or devisee may recover the portion assigned to him, or his share of the proceeds, by appropriate action. The court may, however, in any case arising hereunder, if there has been a sale, order his share of the proceeds to be paid to his personal representatives pending settlement of his estate, or deposited under section thirty-four to await their appointment.