Massachusetts Supreme Judicial Court, 1811

Eldredge v. Forrestal

Eldredge v. Forrestal
Massachusetts Supreme Judicial Court · Decided March 15, 1811 · Sedgwick
7 Mass. 253
Eldredge v. Forrestal

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

* 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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