Massachusetts Agencies

Intestate Succession: Prior Law


From Davis, Massachusetts Conveyancer's Handbook, The Lawyers Cooperative Publishing Company (Second Edition, 1967), §121 it appears that in 1856 the law was as follows:

Property descended in equal shares to children of the intestate and to any issue of deceased children by right of representation. If there were no issue title devolved to the intestate's father. If there were no issue and no father then the title would devolve to the intestate's mother and to his brothers and sisters (and to the issue of the latter by right of representation).

The above view is confirmed in the newer edition of the same work, Mendler, Massachusetts Conveyancer's Handbook with Forms, The Lawyers Cooperative Publishing Company (Fourth Edition, 1984), §5:10.04.

It appears, then, that when a person died in 1857 with no issue, as in the present case, title would devolve to and be shared by the intestate's mother and the intestate's siblings (the intestate's father having predeceased).