Legal Opinion

McKeone v. Barnes

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 7 opinions

Appeal by a sister of Michael Sullivan from a decree of the judge of probate allowing an instrument as his last will. At the trial, before Wells, J., issues were framed for a jury, First, whether the will was duly executed and signed by the testator ; and Second, whether undue influence was used upon the testator to procure him to make the will.

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Appeal by a sister of Michael Sullivan from a decree of the judge of probate allowing an instrument as his last will. At the trial, before Wells, J., issues were framed for a jury, First, whether the will was duly executed and signed by the testator ; and Second, whether undue influence was used upon the testator to procure him to make the will. The jury found in the affirmative upon the first issue, and in the negative upon the second : and the appellant alleged exceptions, of which the following is the material part: “ It appeared in evidence that the testator died childless, leaving a…

1Opinion of the CourtChapman, C. J.

Upon the issue whether undue influence was used upon Sullivan to make the will, the burden was upon the party alleging it to prove the fact. The evidence offered is stated in the report. We find nothing in the character of the will itself that tends to sustain this burden. The amount of the estate does not appear; but as the testator was childless, if he gave five hundred dollars to his sister’s son, a nominal legacy to his brother, and the rest of his property to his wife, we cannot see that this furnishes any ground for regarding the will as unreasonable. Nor does the fact that of three…

2Cited by7 opinions

  1. Neill v. BrackettMassachusetts Supreme Judicial Court · 1920
  2. Bancroft v. OtisSupreme Court of Alabama · 1890
  3. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  4. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
  5. Nunes v. PerryMassachusetts Supreme Judicial Court · 1873

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