Wilder v. Goss
Massachusetts Supreme Judicial Court
This was an appeal from an order or decree of the judge of probate for this county, accepting and allowing the report of commissioners, appointed by him to make partition of the real estate, of which Thomas Goss, deceased, died seised and possessed, among the devisees named in the last will of said deceased, according to the said last will.
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This was an appeal from an order or decree of the judge of probate for this county, accepting and allowing the report of commissioners, appointed by him to make partition of the real estate, of which Thomas Goss, deceased, died seised and possessed, among the devisees named in the last will of said deceased, according to the said last will. The appeal was claimed and made in right of Sophia Wilder, wife of the appellant, on the ground that she, being a grandchild, and by representation an heir at law, of the said deceased, and not having any legacy or devise made in her favor in the said…
1Per curiam
The cases referred to in the argument in principle
approach very near to the case before us. Wherever it appears that the testator has, through forgetfulness or mistake, omitted to bestow any thing upon his child or grandchild, the legislature wisely intended to effect that which it was highly reasonable to believe the testator, but for such forgetfulness or mistake, would himself have done. To go further than this would be, in its measure, to defeat the principal intention of the legislature, in the first section of the statute, which authorizes every person seised of an estate in lands,…
2Cited by20 opinions
- Coulam v. DoullSupreme Court of the United States · 1890
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- In re Estate of GarraudCalifornia Supreme Court · 1868
- Guitar v. GordonSupreme Court of Missouri · 1853
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
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