The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1875-12-01
ALAW ROMANCE.
The Curious History of a Boston
Title 20 Real Estate.

American Law Review.
OF the locality of the parcel of real
estate, the history of the title of which
1t is proposed to relate, it may be sufi-
Gent to say that it lies in Boston, with
in thelimits of the territory ravished by
the great fire of November s and 9, 1872.
In 1850 this parcel of land was in the
undisturbed possession of Mr.. William
Ingalls,, who referred his title to it to
the will of his father, Mr.. Thomas In
gals, who died in 1850. Mr.. ingalls,,
the elder had been a very wealthy citi-
zen of Boston, and when he made his
viii, a few years before his death, he
owned this one parcel of real estate,
worth about $50, 900 and possessed in
addition personal property to the
amount of between 100000 and
100000. BY his will he specifically
devised this parcel of land to his wife
for life, and upon her death to his only
child, the William ingalls, before men,
toned in fee, to whom, after directing
his executor to pay two nephews, Will
liam and Arthur Jones, thesum of $685.
600 each, he gave also the large resi-
duesof' his property. Afterthe date of
the will, however, Mr.. Thomas ingalls,
engaged in some unfortunate specula-
tons, and upon the settlement of his es-
tate the personal property proved to be
barely sufficient for the payment of his
debts, and the nephews got no portion
of their legacies. The real estate, how
ever, afforded to the widow comforta-
bic income, which enabled her during
her life to support herself in a respect
able manner. Upon her death, in 1915,
the son entered into possession of the
real estate, which had gradually in
creased in value; and he had been en-
joying for fifteen years handsome in
come derived therefrom when he was
one day surprised to hear that the two
cousins, whom his father had benevo-
lently remembered in his will, had adj
vanccd a claim that this real estate
should be sold by his fathers executor,
and the proceeds applied to the pay
ment of their legacies. This claim, now
made thirty years after the death of his
father, was of course a great surprise
to Mr. Ingalls,. He had entertained
the popular idea that twenty years pos
session effectually cut off all claims
Here, however were parties, after
thirty years undisputed possession by
his mother and himself, setting up in
1860 claim arising out of the will of
his father, that will having been proved
in 1880. Nor had Mr.. ingalls, ever
dreamed that the legacies given to his
cousins could in any way have prece>
dence over the specific devise of the
parcel of real estate to himself. 1t was,
as a matter of common sense, so clear
that his father had intended by his will
first to provide for his wife and son,
and then to makea generous gift out Of
The residue of his estate to his nephews,
that during the thirty years that
had elspsedeince his death it had never
occurred to to any one to suggest any
other disposal of the property than that
which had actually been made. Upon
consulting with counsel, however, Mr..
ingalls, learned that although the time
within which most actions might be
brought was limited to aspecifed mum.
Der of years, there was no such limita.
lion affecting the bringing of an action
to recover a legacy. See Mass. Gener
al Statutes, chapter 81, section %
Kent VS.. Durham, LOG Mass, $50
5Si; Brooks VS.. Lynde, z Allen, G, 466.
he also learned that as his fathers will
gave him, after his mothers death, the
same estate that he would have taken
by inheritance had there been no will
tie law looked upon the devise to hin
~ void, end deemed him to have taker
tle estate by descent. What he had
opposed to be specific devise of the