Pastene v. Bonini
Massachusetts Supreme Judicial Court
Petition to the judge of probate of the county of Suffolk, by Joseph N. Pastene, executor and trustee under the will of Louis Bonnie, otherwise called Luigi Bonini, praying the instructions of the court as to which of two claimants was the lawful widow of the testator.
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Petition to the judge of probate of the county of Suffolk, by Joseph N. Pastene, executor and trustee under the will of Louis Bonnie, otherwise called Luigi Bonini, praying the instructions of the court as to which of two claimants was the lawful widow of the testator. The judge entered a decree in favor of Mary J. Bonnie of Boston, and on an appeal to this court, Holmes, J. having reversed the decree and decided that Rosa Bonini of Italy was the legal wife, the petition was amended so that the question of construction of certain sections of the will might be presented. These sections are as…
1Opinion of the CourtLathrop, J.
The question before us is as to the person entitled to take under the designation “ my wife” in the fourth and fifth clauses of the will of the testator.
In Hardy v. Smith, 136 Mass. 328, a woman describing herself as “ Mary M. Perkins, wife of Ezra G-. Perkins,” made a will containing this clause: “ I give and bequeath to my husband one half of all my personal property.” ' In fact the testatrix was not the wife of Perkins, but of one Hardy, and the latter contended that he was entitled to take this one half as her husband. But this court held that the question was to be determined by the…
2Cases cited1 opinion
- Hardy v. SmithMassachusetts Supreme Judicial Court · 1884
3Cited by5 opinions
- Strachan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1947
- In Re Jones' EstateSupreme Court of Oklahoma · 1945
- Will of Weymouth v. WeymouthWisconsin Supreme Court · 1917
- McDole v. ThurmIllinois Supreme Court · 1916
- Strachan v. Prudential Insurance Co. of AmericaMassachusetts District Court, Appellate Division · 1946