Osgood v. Breed
Massachusetts Supreme Judicial Court
This was 3.1 appeal from a decree of the judge of probate for this county, disallowing a certain instrument, which had been [*526] -presented by the said Osgood for probate, as the * last will of Mary White, late of Billerica, deceased, in which he was named executor.
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This was 3.1 appeal from a decree of the judge of probate for this county, disallowing a certain instrument, which had been [*526] -presented by the said Osgood for probate, as the * last will of Mary White, late of Billerica, deceased, in which he was named executor. The said instrument bore date the 14th day of August, 1804, was attested by three credible subscribing witnesses, and was republished before the same witnesses on the 19th day of May, 1809 ; it being understood that the testatrix had executed another instrument, as and for her last will, between those days. By the instrument the…
1Opinion of the CourtJackson, J.
The instrument offered for probate, as the will of Mary While, was executed by her in the lifetime of her husband, John White ; and, although she survived him about two years, she never republished the will after his death.
If the case stopped here, it would be very clear that the instrument could not be approved and allowed as her will.
It was said in the argument, that every married woman might, by our law, devise her lands, as if sole, provided her husband assented to it; the counsel for the appellant contending that married women were included in the description of persons, who, by our…
2Cases cited1 opinion
- Durant v. RitchieU.S. Circuit Court for the District of Massachusetts · 1825
3Cited by40 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Root v. StuyvesantNew York Supreme Court · 1837
- Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
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