Atherton v. Corliss
Massachusetts Supreme Judicial Court
Appeal from an order of the probate court made on the petition of the administrator of Mary J. Mather, and directing that the sum of ten thousand dollars should be paid to him by the executor of Joshua Mather, the husband of Mary J. Mather.
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Appeal from an order of the probate court made on the petition of the administrator of Mary J. Mather, and directing that the sum of ten thousand dollars should be paid to him by the executor of Joshua Mather, the husband of Mary J. Mather. The case was heard before Foster, J., who made a report thereof to the full court, substantially as follows: Joshua Mather died June 22, 1865, without issue, leaving a widow, the said Mary J. Mather, for whom he made certain provisions by his will. On August 8th 1865, Mary J. Mather filed in the probate office a writing which had remained there ever since,…
1Opinion of the CourtWells, J.
The St. of 1861, c. 164, provides that the widow of a testator “ may, at any time within six months after the probate of the will, file in the probate office, in writing, her waiver of the provisions made for her in the will; and shall in such case be entitled to such portion of his real and personal estate as she would have been entitled to if her husband bad died intestate.” “ If she makes no such waiver, she shall not be endowed of his lands, unless it plainly appears,” &c.
In this case the widow did file what was unquestionably intended to be a waiver of the provisions of the will of her…
2Cited by27 opinions
- French v. PowellCalifornia Supreme Court · 1902
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Davies v. MillerSupreme Court of the United States · 1889
- Tanzilli v. CasassaMassachusetts Supreme Judicial Court · 1949
- People's Holding Co. v. BraySupreme Court of Connecticut · 1934
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