Steele v. Marble
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Barnstable allowing the will of Esther G. Newcomb, late of Orleans. The case was heard by Loring, J. The evidence is described in the opinion. At the close of the evidence the appellant asked the justice to make the following rulings: "1. The will was not witnessed by three competent witnesses to the execution and signature by the testatrix.
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Appeal from a decree of the Probate Court for the county of Barnstable allowing the will of Esther G. Newcomb, late of Orleans. The case was heard by Loring, J. The evidence is described in the opinion. At the close of the evidence the appellant asked the justice to make the following rulings: "1. The will was not witnessed by three competent witnesses to the execution and signature by the testatrix. “2. That the will was not witnessed by three witnesses in conformity with the requirements of the statutes, in that the signature of Margaret Phee who signed the will in .behalf of the testatrix…
1Opinion of the CourtBraley, J.
The evidence is ample to show that the instrument offered for probate had been prepared by the express direction of the testatrix to whom the final and complete draft had been read preparatory to its execution. If by reason of physical weakness although possessed of testamentary capacity she was unable to affix her name, the R. L. c. 135, § 1, provides that the will may be signed by the testator “or by a person in his presence and by his express direction.” The power to make this disposition of her property having been conferred solély by statute, the first question raised by the appellant’s…
2Cases cited4 opinions
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
- Riley v. RileySupreme Court of Alabama · 1860
- Robins v. CoryellNew York Supreme Court · 1858
- Scott v. HawkSupreme Court of Iowa · 1898
3Cited by3 opinions
- Kroschel v. DruschSupreme Court of Minnesota · 1917
- Burns v. DunnMassachusetts Supreme Judicial Court · 1960
- Plakas v. PlakasMassachusetts Appeals Court · 1981