Brown v. Thorndike
Massachusetts Supreme Judicial Court
This was an appeal from the decree of the judge of probate, passed on March II, 1833, disallowing a certain instrument offered for probate as the last will and testament ot Charles Thorndike. The appellant was the guardian of three of the testator’s children; the appellee was the testator’s widow.
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This was an appeal from the decree of the judge of probate, passed on March II, 1833, disallowing a certain instrument offered for probate as the last will and testament ot Charles Thorndike. The appellant was the guardian of three of the testator’s children; the appellee was the testator’s widow. One of the reasons of appeal was, because the instrument purports, as the last will and testament of Charles Thorndike, to dispose of both his real and personal estate, and was duly signed, sealed and published as and for his last will and testament, in the presence of three credible witnesses, who…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. [After stating the facts as above.]
The question upon these facts is, whether the will of Charles Thorndike was in force, as a will, at the time of his death, or whether the same had been duly cancelled or revoked.
The first point we shall consider is, the effect and operation of the postscript to the will, and whether it can operate as a revocation. It is contended by the appellant, that it cannot, and this argument is founded upon the construction and equity of the statute of this State, regulating the execution and attestation of wills, and the…
2Cited by2 opinions
- Schroeder v. HappCalifornia Supreme Court · 1909
- Hartford-Connecticut Trust Co. v. ThayerSupreme Court of Connecticut · 1926