Jennison v. Hapgood
Massachusetts Supreme Judicial Court
Jonathan Grout died in 1807, having made a will, in which Hutchins Hapgood, the appellee, was named the executor. Hapgood took out letters testamentary in December 1807, in the county of Worcester, and settled in the probate court of the same county three accounts of administration ; the first, in August 1813, the second, in May 1815, and the third, in December 1819. At a court of probate held in May 1823, John Jennison, John Sanderson and Israel Houghton, the appellants,…
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Jonathan Grout died in 1807, having made a will, in which Hutchins Hapgood, the appellee, was named the executor. Hapgood took out letters testamentary in December 1807, in the county of Worcester, and settled in the probate court of the same county three accounts of administration ; the first, in August 1813, the second, in May 1815, and the third, in December 1819. At a court of probate held in May 1823, John Jennison, John Sanderson and Israel Houghton, the appellants, presented a petition, in which they represent, that the executor has come into the possession of goods, effects and…
1Opinion of the Court
Wilde J.
Several questions have been raised by the auditor’s second report, the decision of which we will no longer delay, although, for reasons to be stated hereafter, we cannot at present proceed to pronounce a final decree.
The first and most important question relates to the domicil *98of the testator. And this is to be decided on the facts and evidence reported by the auditor.
It appears that the testator’s original domicil was in this Commonwealth. He was an inhabitant of Petersham in the county of Worcester, and owned a valuable farm there, on which he resided with his family for the greater…
2Cases cited1 opinion
- Austin v. GageMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- Nolde's EstateSuperior Court of Pennsylvania · 1904