Barnes v. Chase
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Essex allowing the will of Elizabeth G. Bradley, late of Haverhill.
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Appeal from a decree of the Probate Court for the county of Essex allowing the will of Elizabeth G. Bradley, late of Haverhill. The appeal was heard by Rugg, J., upon an agreed statement of facts, from which it appeared that the will was written upon a form, part of which was printed; that all the written parts were in the handwriting of the alleged testatrix, she having written her name in the exordium clause; that the testimonium clause of the will read as follows, the words in italics being in the handwriting of the alleged testatrix: “In testimony whereof I hereunto set my hand and in the…
1Opinion of the CourtLoring, J.
The difference between the case made out in this suit and that made out in Meads v. Earle, 205 Mass. 553, is to be found in the statement made by Elizabeth on her return to the Colomy kitchen five minutes after the attesting witnesses had subscribed their names to the instrument now propounded as her last will, namely: “ I forgot to sign my name to my will.” That remark showed that she did not write her name in the exordium clause intending it to stand as her signature to the will when complete.
It is apparent that when the attesting witnesses subscribed their names the instrument had not been…
2Cases cited2 opinions
- Meads v. EarleMassachusetts Supreme Judicial Court · 1910
- Marshall v. MasonMassachusetts Supreme Judicial Court · 1900
3Cited by3 opinions
- Leatherbee v. LeatherbeeMassachusetts Supreme Judicial Court · 1923
- Porter v. BallouMassachusetts Supreme Judicial Court · 1939
- Slemmons v. TolandOhio Court of Appeals · 1916