Dexter v. Codman
Massachusetts Supreme Judicial Court
Appeal by the widow and daughter of John Amory Codman from a decree of the Probate Court allowing his will and two codicils. The executor moved that the appeal be dismissed for the reasons, 1st, that the widow was not by law entitled to appeal from the probate of her husband’s will; and, 2dly, that a larger share of the testator’s estate was given to the widow by the will and codicils than would come to her if they were disallowed.
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Appeal by the widow and daughter of John Amory Codman from a decree of the Probate Court allowing his will and two codicils. The executor moved that the appeal be dismissed for the reasons, 1st, that the widow was not by law entitled to appeal from the probate of her husband’s will; and, 2dly, that a larger share of the testator’s estate was given to the widow by the will and codicils than would come to her if they were disallowed. Holmes, J., overruled the motion. . The case was then tried before 0. Allen, J., the following issues, among others, being submitted to the jury: “ 2. Was the said…
1Opinion of the CourtKnowlton, J.
Under our law, a widow has a direct pecuniary interest in the estate of her deceased husband, and a decree allowing his last will and testament affects that interest. Unless she takes action, it divests her of the share of his property which the law gives her, and it leaves her with only such provision for her wants as the will makes for her. She can take measures to prevent that result by filing in the Probate Court, within six months, her waiver in writing of the provisions made for her in the will. Pub. Sts. c. 127, § 18. But the decree puts upon her the burden of doing this. And even then…
2Cases cited3 opinions
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
- Allen v. AllenMassachusetts Supreme Judicial Court · 1875
- Pierce v. GouldMassachusetts Supreme Judicial Court · 1887
3Cited by14 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Murphy v. NettMontana Supreme Court · 1911
- Mirick v. PhelpsMassachusetts Supreme Judicial Court · 1937
- Williams v. DavisMontana Supreme Court · 1916
- Hayes v. MoultonMassachusetts Supreme Judicial Court · 1907
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