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8 Mass. 132

Sever v. Sever

Massachusetts Supreme Judicial Court

Decided October 15, 1811

Massachusetts Supreme Judicial Court · decided 1811-10-15

Upon the application of the devisees named in the last will of the late Hon. William Sever, deceased, commissioners had been ap pointed, by warrant from the Probate Court, to divide the real estate of the said deceased among the said devisees, pursuant to the provisions of the statute of 1783, c. 36, 12. The commissi oners reported a division, which was accepted by the judge of •probate. From that acceptance, the appellant entered his appeal.

Decided 1811-10-15

But the Court

¶1observed that, by the interposition of the appeal, the return of the commissioners was opened to every objection that could lawfully have been made to it in *the court below. The partition made by them is, by the statute, made subject to alteration, as well as reversal or confirmation, in this Court.

¶2Two of the commissioners, present in Court, were examined upon their oath, as to the method by which they estimated the value of the several parcels of the estate, and as to their present opinion of that value. Other witnesses were also examined as to the comparative value of the several parcels assigned by the commissioners to the respective devisees. Upon a full hearing of the evidence, the decree of the judge of probate was affirmed.

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