Elliot v. Elliot

Decided November 25, 1882

Massachusetts Supreme Judicial Court · decided 1882-11-25

The eirst CASE was a petition to the Probate Court by the widow of Isaac B. Elliott, who died testate on January 17, 1881, leaving no issue living, alleging that, having waived the provisions of her husband’s will, she was, under the St. of 1880, c. 211, entitled in fee to real estate of her husband to the amount of $5000, and praying that it might be assigned to her according to law.

Good law ✅— No negative treatment on recordhow we know

Decided 1882-11-25

How this case has been cited

Cited by 5 later decisions — most recently April 1939

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Morton, C. J.

¶1We are of opinion that the court has no jurisdiction of these cases. There, has been no final judgment in the Superior Court in either case. Boyce v. Wheeler, ante, 554, and cases cited.

¶2The judgment of the Superior Court in each case is that the petitioner is entitled to have assigned to her the real estate, or her interest therein, according to her petition. It is in its nature like the interlocutory judgment for partition, and must be followed by other proceedings before the case is ready for final judgment. Gen. Sts. c. 90, §§ 3, 5, 15, 17. Pub. Sts. c. 124, §§ 10, 11, 17. St. 1880, a. 211, § 2.

¶3Commissioners to assign to her the land, or her interest therein, must be appointed, and, until their report and its acceptance by the court, there can be no final disposition of the case.

¶4Appeals dismissed.