213 Mass. 167 | Mass. | 1912
This is a petition for partition of real estate alleged to be held by the petitioner and the respondent in moieties as tenants in common. It is brought under R. L. c. 184, §§ 31, 32. Section 31 gives jurisdiction to the Probate Court “if the shares do not appear to be in dispute or uncertain.” Section 32 provides, however, that “If it is found by the Probate Court in which such petition is filed that the shares are in dispute or uncertain, the court may, or, at the request of any party in interest, shall, order the case to be removed to the Superior Court.” These two sections should be construed together. The jurisdiction of
The title to the land described in this petition depends upon the construction to be given to the will of Mary Ann Orcutt, the mother of both the petitioner and the respondent. Its first clause is: “I give and bequeath to my daughters Emma B. and May M. Orcutt the home place which was deeded to me by my
The fee of the home place passed to both the daughters under the residuary clause. Hence both having married, the life estates created by the first clause of the will have come to an end, and the residuary clause alone governs the present rights of the parties.
Decree affirmed.