Bowdlear v. Bowdlear
Massachusetts Supreme Judicial Court
Bill ih EQUITY, filed January 16,1873, by William A. Bowdlear and Thomas Green, executors of the will of Samuel G. Bowdlear, against Elizabeth L. Bowdlear, widow of the testator, Fanny Lincoln Bowdlear and others, named in the will as legatees, praying for instructions.
Read the full summary
Bill ih EQUITY, filed January 16,1873, by William A. Bowdlear and Thomas Green, executors of the will of Samuel G. Bowdlear, against Elizabeth L. Bowdlear, widow of the testator, Fanny Lincoln Bowdlear and others, named in the will as legatees, praying for instructions. Fanny Lincoln Bowdlear claimed that she was the legal child and heir of the testator; that she had not been provided for in the will; that such omission was occasioned by accident or mistake ; that she had not been provided for by the testator in his lifetime, and that therefore she was entitled to take the same share of his…
1Opinion of the Court
A child who, under Gen. Sts. c. 110, has been adopted by and has taken the name of a testator, is not, under Gen. Sts. c. 92, § 25, entitled to the same share of his estate asif he had died intestate, when by the will, made before the adoption, special provision is made for her by the name she then bore.
The case, as it appeared from the bill and answers, on which it was reserved by Ames, J., for the determination of the full court, was as follows: Samuel G. Bowdlear made his will May 4, 1860. February 11, 1861, he and his wife petitioned the Probate Court for leave to adopt a child named…
2Cited by7 opinions
- Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
- Davis v. DavisCourt of Appeals of Maryland · 1976
- Balch v. JohnsonTennessee Supreme Court · 1901
- In Re ReedNew Jersey Superior Court Appellate Division · 1952
- Willoner v. DavisCourt of Special Appeals of Maryland · 1976
2 more not listed; retrieve them via the Exa API.