Emery v. Emery
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Suffolk allowing a certain instrument dated September 7, 1897, as the last will of Samuel W. Emery, late of Boston.
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Appeal from a decree of the Probate Court for the county of Suffolk allowing a certain instrument dated September 7, 1897, as the last will of Samuel W. Emery, late of Boston. On appeal to the Supreme Judicial Court the case was sent to the Superior Court for the trial of the single issue, "Was the execution of the instrument propounded for probate procured to be made through the fraud or undue influence of Mary E. B. Emery? ” The issue was tried before White, J. The evidence is described in the opinion. At the close of the evidence the appellee asked the judge to make, among others, the…
1Opinion of the CourtBraley, J.
The executrix and widow of the testator having offered the will for probate, the testator’s children by a former marriage contested its allowance on the ground that the instrument had been procured to be made through fraud or undue influence of the widow, to whom and to her two sisters, one of whom had been adopted by him, he bequeathed the bulk of his property. The jury having decided in favor of the contestants, *441the case is here on exceptions of the proponent to the refusal of the presiding judge to rule that as matter of law there was no evidence of fraud or undue influence, and that the…
2Cases cited6 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- Hoffman v. HoffmanMassachusetts Supreme Judicial Court · 1906
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Neill v. BrackettMassachusetts Supreme Judicial Court · 1920
- Holton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1939
- Costello v. HayesMassachusetts Supreme Judicial Court · 1924
- Mirick v. PhelpsMassachusetts Supreme Judicial Court · 1937
- Dunham v. HolmesMassachusetts Supreme Judicial Court · 1916
10 more not listed; retrieve them via the Exa API.