136 Mass. 286 | Mass. | 1884
It is apparent, from the facts agreed, that Nicholas G. Paul acquired an estate of homestead in the premises in question, under the St. of 1855, c. 238, which was preserved by subsequent legislation, and continued until his death, in 1870. Dulanty v. Pynchon, 6 Allen, 510.
Section 12 of the Gen, Sts. c. 104, is as follows: “ The estate or right of homestead of any householder, existing at his death, shall continue for the benefit of his widow and minor children, and be held and enjoyed by them, if some one of them occupies the premises, until the youngest child is twenty-one years of age, and until the marriage or death of the widow.” Under this provision, the petitioner and the respondents had an estate of homestead after the death of Paul. But the respondents had an estate of homestead during their minority only, and, as they had both become of age before 1881, all their estate of homestead has ceased. The assignment of dower did not affect the estate of homestead. Merceier v. Chace, 11 Allen, 194. Weller v. Weller,
It is difficult to see how a clearer case of ceasing to occupy the estate of homestead could be shown, and, if we give any force whatever to the words of the statute, “if some one of them occupies the premises,” we must hold that the petition cannot be maintained.
Judgment for the respondents.