Clifford v. Taylor
Massachusetts Supreme Judicial Court
Petition, filed on April 13, 1908, in the Probate Court for the county of Plymouth for the allowance of the will of Lucy Jane French, late of Brockton. In the Probate Court Chamberlain, J., made a decree allowing the will, from which Lucy H. Taylor, one of the heirs at law of Lucy Jane French, appealed. The judge of the Probate Court certified that the matters relied upon by the appellant appeared to be a proper subject for a judicial inquiry before a jury.
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Petition, filed on April 13, 1908, in the Probate Court for the county of Plymouth for the allowance of the will of Lucy Jane French, late of Brockton. In the Probate Court Chamberlain, J., made a decree allowing the will, from which Lucy H. Taylor, one of the heirs at law of Lucy Jane French, appealed. The judge of the Probate Court certified that the matters relied upon by the appellant appeared to be a proper subject for a judicial inquiry before a jury. In the Supreme Judicial Court Hammond, J., allowed the following issues, and ordered that they be sent to the Superior Court for trial: “…
1Opinion of the Court
Krowltoít, C. J.
The exceptions in this case were taken during the trial of issues before a jury in the Superior Court, upon a petition for the probate of a will. The verdict was against the executor upon the question whether the testatrix was of sound mind, and the issue in regard to undue influence was not answered.
The appellant from the decree of the Probate Court was permitted to prove, by a member of the bar, that at one time he was employed in the office of Mr. Bixby, another attorney, and that the testatrix came to the office “ to have Mr. Bixby draw a *360will, and that Mr. Bixby told her…
2Cases cited3 opinions
- Sewall v. RobbinsMassachusetts Supreme Judicial Court · 1885
- Richardson v. BlyMassachusetts Supreme Judicial Court · 1902
- Fulton v. UmbehendMassachusetts Supreme Judicial Court · 1903
3Cited by30 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Standerwick v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2006
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