Davis v. Davis
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions disallowed at . the hearing and trial of an appeal from a decree of the Probate Court, admitting an instrument to probate as the will of Thomas Davis, by which he appointed his wife, Edna J. Davis, executrix ; directed his executrix to furnish his son Franklin M. Davis a suitable support out of the estate until he became of age; devised and bequeathed all the residue of his estate to his wife, so long as she should remain…
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Petition to establish the truth of exceptions disallowed at . the hearing and trial of an appeal from a decree of the Probate Court, admitting an instrument to probate as the will of Thomas Davis, by which he appointed his wife, Edna J. Davis, executrix ; directed his executrix to furnish his son Franklin M. Davis a suitable support out of the estate until he became of age; devised and bequeathed all the residue of his estate to his wife, so long as she should remain unmarried and his widow, with remainder, on her decease or marriage, to his four sons, to be divided among them and the issue…
1Opinion of the CourtGray, C. J.
It was said by this court, in a case which involved a large amount of property, and which was fully and ably argued and carefully considered upon a report of the justice before whom the issues were framed and the trial had, that when a testamentary instrument offered for probate is executed and attested as required by statute, and has not been revoked or cancelled, only three questions can arise : 1st. Was the testator *593at the time of executing the instrument, of sound and disposing mind and memory ? 2d. Was the instrument executed by him under fraud or undue influence ? 3d. Did he execute the…
2Cases cited8 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Baldwin v. ParkerMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Shaw v. ShawSouth Dakota Supreme Court · 1911
- Walton v. KendrickSupreme Court of Missouri · 1894
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