Tarbell v. Forbes
Massachusetts Supreme Judicial Court
Petition, by Frank F. Corliss, to the Probate Court to admit to probate by copy the will of Sarah E. T. Corliss, on the ground that the original will had been lost or destroyed since the death of the testatrix by some person other than the petitioner.
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Petition, by Frank F. Corliss, to the Probate Court to admit to probate by copy the will of Sarah E. T. Corliss, on the ground that the original will had been lost or destroyed since the death of the testatrix by some person other than the petitioner. The Probate Court allowed the will in accordance with the copy propounded, and appointed Warren E. Tarbell administrator with the will annexed; and the respondents appealed to this court, where the following issues were framed for a jury: “ First. Did Sarah E. F. Corliss, late of Brookfield, deceased, leave a last will duly executed,…
1Opinion of the CourtLathrop, J.
It appears from the bill of exceptions that the testatrix was a sister of the respondents, they being children of one Dexter Forbes; and that the testatrix was also a sister of her husband’s first wife. There were two children of the first wife, namely, the petitioner Frank F. Corliss and Ada F. White. The testatrix had no children. At the trial it is stated in the bill of exceptions that the respondents did not deny the making of a will by Mrs. Corliss, nor the fact that the will existed after the death of the testatrix.
The instrument propounded for probate, in the first clause, left a…
2Cases cited8 opinions
- Dickey v. MalechiSupreme Court of Missouri · 1839
- Jones v. CaslerIndiana Supreme Court · 1894
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Steele v. PriceCourt of Appeals of Kentucky · 1844
- Skeggs v. HortonSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- Burns v. KabboulSuperior Court of Pennsylvania · 1991
- Coghlin v. WhiteMassachusetts Supreme Judicial Court · 1930
- Thayer v. KitchenMassachusetts Supreme Judicial Court · 1909
- In re the Estate of EnrightNew York Surrogate's Court · 1931
7 more not listed; retrieve them via the Exa API.