Motley v. Blake

Decided May 15, 1815

Massachusetts Supreme Judicial Court · decided 1815-05-15

This was a petition for partition of the real estate, of which John Motley, father of the petitioners, died seized and possessed. The respondent, who entered her appearance pending the petition, was the widow of the said deceased, and opposed the partition on the ground that she was entitled to dower in the premises, and that the same had not been assigned to her.

Cited by 1 later decisions — most recently May 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-05-15

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Per Curiam.

¶1If the respondent is entitled to dower, the proceedings upon this petition will not prevent her having it set off. At present, she holds no part of the land, and cannot have any share left for her, or assigned to her in this suit.

¶2This, would have appeared very obviously, if, instead of agreeing to a statement of facts, the respondent had undertaken to plead to this petition. She could not have pleaded that she was sole seized of the whole, or of any part of the premises. Neither could she have denied that the petitioners held the shares respectively claimed by them.

¶3The children of the deceased are seized of the land, and are entitled to hold the whole, until her dower shall be legally assigned. It is then apparent that she hats no interest in the question, nor any right *245to "nterfere in this suit, or to object to the partition which is prayed for. (1)

Potter, for the petitioners.Kinsman for the respondent.

¶4 Vide Sheafe vs. O'Neil, 9 Mass. Rep. 13.