Jones v. Maguire
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Middlesex dismissing a petition by Thomas E. Jones as the sole heir of Edward Jones, of Newton, the surviving husband of Margaret Jones.
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Appeal from a decree of the Probate Court for the county of Middlesex dismissing a petition by Thomas E. Jones as the sole heir of Edward Jones, of Newton, the surviving husband of Margaret Jones. The will of Margaret Jones was admitted to probate on November 11, 1910. The petition represented that by virtue of the waiver of the provisions of the will of Margaret by her surviving husband Edward, which was filed by the con- . servator of the property of Edward who then was insane, the petitioner was entitled to take the statutory share of Edward in the estate of Margaret. The alleged waiver…
1Opinion of the CourtBraley, J.
By the R. L. c. 145, § 33, “If property, rights or benefits given by will or by provision of law depend upon the election, waiver or other act of a person incompetent by reason of insanity or minority to exercise or perform the same, his guardian may make such election or waiver or perform such acts.”
But the petitioner, who had been appointed only as a conservator, was not clothed with this authority when the right of his insane ward to elect under R. L. c. 135, § 16, whether he would accept or waive the provisions made for him in the will of his deceased wife, accrued. R. L. c. 145, § 40, as…
2Cases cited3 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Chase v. ChaseMassachusetts Supreme Judicial Court · 1914
- Pinkerton v. SargentMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Butler v. ButlerMassachusetts Supreme Judicial Court · 1916
- Dolbeare v. BowserMassachusetts Supreme Judicial Court · 1925
- Porter v. SpringMassachusetts Supreme Judicial Court · 1924
- Ramsey's v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1932
- Pisani v. Travelers InsuranceMassachusetts Appeals Court · 1990
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