Newell v. Homer
Massachusetts Supreme Judicial Court
Appeal from a decree of the Judge of Prohate, refusing to approve and allow certain instruments alleged to be copies of the last will, and of three codicils thereto, of William H. Bordman, the original will and codicils being alleged to have been lost, suppressed or destroyed since the death of the testator.
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Appeal from a decree of the Judge of Prohate, refusing to approve and allow certain instruments alleged to be copies of the last will, and of three codicils thereto, of William H. Bordman, the original will and codicils being alleged to have been lost, suppressed or destroyed since the death of the testator. In this court, the following issues of fact were framed for the jury: “ 1. Whereas the said appellant affirms and said respondents deny that the said Bordman deceased leaving a will duly executed, of which the paper annexed to or embodied in the appellant’s petition is a true copy: “ 2.…
1Opinion of the CourtColt, J.
This is an appeal from the refusal of the Probate Court to allow the probate of a lost will and three codicils to it, copies of which are annexed to the original petition, and which are alleged to have been lost, suppressed or destroyed, since the death of the testator.
The burden is on the appellant to prove the execution of these testamentary papers, and to establish their contents by evidence strong, positive and free from doubt. Davis v. Sigourney, 8 Met. *281487. Durfee v. Durfee, 8 Met. 490, note. It must appear also, apon the allegations made in this petition, that the instruments were…
2Cases cited3 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- In re WillSupreme Court of Connecticut · 1873
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