Fleming v. Morrison
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Essex made on April 27, 1903, allowing a certain instrument as the last will and testament of Francis M. Butterfield, late of Lynn. The case was heard by Loring, J., who found that the testator was of sound mind, that no undue influence was exercised, and that the will was executed properly. At the request of the contestants, he reported the case for determination by the full court.
1Opinion of the CourtLoring, J.
All the rulings asked for at the hearing have been waived, and the only contention now insisted upon by the contestants is that on the finding made at the hearing the proponent of the will has failed to prove the necessary animus testandi. We are of opinion that this contention must prevail.
The finding that before Butterfield and Goodridge “ parted ” Butterfield told Goodridge that the instrument which had been signed by Butterfield as and for his last will and testament and declared by him to be such in the presence of Goodridge, and attested and subscribed by Goodridge as a witness, “ was a…
2Cases cited2 opinions
- Holbrook v. YoungMassachusetts Supreme Judicial Court · 1871
- Elastic Tip Co. v. GrahamMassachusetts Supreme Judicial Court · 1904
3Cited by13 opinions
- Brackenridge v. RobertsTexas Supreme Court · 1924
- Estate of SargavakCalifornia Supreme Court · 1950
- Ohanneson v. LambrinidouCalifornia Supreme Court · 1950
- Clark v. HugoSupreme Court of Virginia · 1921
- Worcester Bank & Trust Co. v. EllisMassachusetts Supreme Judicial Court · 1935
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