8 Mass. 274
Massachusetts Supreme Judicial Court
Decided October 15, 1811
Massachusetts Supreme Judicial Court · decided 1811-10-15
This was a real action, and came before the Court upon an agreed case to the following purport. — Stephen Russell, father of the demandant, being seised of the demanded premises in fee simple, on the 25th day of May, 1800, by his will duly executed, inter alla, devised as follows, viz.: “ I give unto my son-in-law Eliphalet Fox, and my daughter Elizabeth, his wife, three fourths of all my real estate, and three fourths of the thirds given to my wife, after her decease.” —…
Good law ✅— No negative treatment on recordhow we know
Decided 1811-10-15
Cited by 9 later decisions — most recently November 1903
1 federal appellate · 8 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.
View the full empirical analysis of this case →
¶1observed that this case must be decided by that of Shaw & Al. vs. Hearsey & Al.,
¶2Bigelow agreed that the case should be discharged; that the tenant should plead the general issue, and upon the coming in of the jury suffer a verdict to pass against him.
¶35 Mass. Rep. 521.