Ward v. Ward
Massachusetts Supreme Judicial Court
By an agreed statement of facts it appeared, that on Feb- , /ary 22, 1808, Edward Ward made his will, which contained the following clauses : “ I give and bequeath unto my wife, Dorothy Ward, fifty dollars yearly and every year during her natural life, in room of her thirds, together with half the house and half the household furniture belonging thereto.”
Read the full summary
By an agreed statement of facts it appeared, that on Feb- , /ary 22, 1808, Edward Ward made his will, which contained the following clauses : “ I give and bequeath unto my wife, Dorothy Ward, fifty dollars yearly and every year during her natural life, in room of her thirds, together with half the house and half the household furniture belonging thereto.” “ Also, I give and bequeath unto the sons and daughters of'my son, Amos Ward, two hundred and fifty dollars, to be divided as follows, viz. ; I give the sons thirty dollars, then remainder of the abovenamed sum is to be divided among all the…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The question is, whether the estate of Edward Ward, deceased, shall ce settled according to an agreement between the heirs, of October 27, 1818, or according to the will of the deceased. The judge of probate has conformed to the agreement. The appeal is prosecuted by Royal Ward, one of the legatees and sons, and by Calvin Mayo, whose wife Sally Mayo was one of the daughters of the testator. And it has been contended, that the judge.ought not to have taken any notice of the agree ment or of the acts of the parties in pais, notwithstanding *520they…
2Cases cited3 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Pond v. PondMassachusetts Supreme Judicial Court · 1816
- Proctor v. AtkynsMassachusetts Supreme Judicial Court · 1805