Legal Opinion

Becker v. Becker

Massachusetts Supreme Judicial Court

Decided April 26, 1921PublishedCited by 13 opinions

Petition, filed in the Probate Court for the county of Suffolk on October 17, 1919, for the proof and allowance of the will of George Becker, late of Boston.

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Petition, filed in the Probate Court for the county of Suffolk on October 17, 1919, for the proof and allowance of the will of George Becker, late of Boston. By the will, $50 was given to William C. Becker, a brother of the testator, and $50 to Catherine E. Linker, a sister, and all the rest, residue and remainder of the estate, amounting to about $8,000, was given to Jacob F. Becker, a brother, the petitioner, who also was nominated as executor without being required to give a surety or sureties upon his official bond. William C. Becker and Catherine E. Linker opposed the proof of the will.…

1Opinion of the CourtPierce, J.

In the matter of the will of George Becker propounded for probate, on appeal a justice of this court framed and sent to the Superior Court for answers by a jury two issues, as follows:

“First issue. Was George Becker of sound and disposing mind *365and memory at the time of the execution of the instrument which is now propounded for probate as his last will?
"Second issue. Was the instrument propounded for probate as the last will of said George Becker procured to be made by the fraud or undue influence of Jacob F. Becker and Mary Becker, or either of them?”

In the Superior Court, to the first issue…

2Cases cited13 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Berggren v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1918
  3. Whitney v. TwomblyMassachusetts Supreme Judicial Court · 1883
  4. Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
  5. Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Claffey v. FenelonMassachusetts Supreme Judicial Court · 1928
  2. Sullivan v. BrabasonMassachusetts Supreme Judicial Court · 1928
  3. Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
  4. Marshall v. CramMassachusetts Supreme Judicial Court · 1929
  5. Briggs v. WestonMassachusetts Supreme Judicial Court · 1936

8 more not listed; retrieve them via the Exa API.

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