Legal Opinion

Panell v. Rosa

Massachusetts Supreme Judicial Court

Decided December 31, 1917PublishedCited by 6 opinions

Appeal from a- decree of the Probate Court of the county of Worcester allowing the alleged will of Fihnania Rose Panell, late of Worcester.

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Appeal from a- decree of the Probate Court of the county of Worcester allowing the alleged will of Fihnania Rose Panell, late of Worcester. The appeal was heard by Carroll, J. ' The alleged will, which was dated December 4, 1916, left $100 to a godchild of the alleged testatrix and left the residue of her estate to the petitioner, August Panell, who it was agreed was the husband of the alleged testatrix until she obtained a divorce from him for cruel and abusive treatment about seven years before her death. The material evidence and the rulings of the single justice as to the admission of…

1Opinion of the CourtRugg, C. J.

This is a petition for the allowance of an instrument purporting to be the will of Fihnania Rose Panell, deceased. *596One of the issues tried was whether she was of sound mind at the time of the execution of the instrument. As bearing upon that issue, a practicing attorney called by the contestants, who were the heirs at law of the deceased, was permitted against the exception of the proponent to testify that “two or three years ago he had a conversation with the testatrix when she came to consult him relative to difficulties with Mr. Pánell. He said that she asked him to write Mr. Panell a…

2Cases cited22 opinions

  1. Blackburn v. CrawfordsSupreme Court of the United States · 1866
  2. Thompson v. IshSupreme Court of Missouri · 1889
  3. Glover v. PattenSupreme Court of the United States · 1897
  4. In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
  5. Winters v. WintersSupreme Court of Iowa · 1897

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3Cited by6 opinions

  1. Goddard v. DupreeMassachusetts Supreme Judicial Court · 1948
  2. Sullivan v. BrabasonMassachusetts Supreme Judicial Court · 1928
  3. Peyton v. WerhaneSupreme Court of Connecticut · 1940
  4. Thompson v. RobitailleMassachusetts District Court, Appellate Division · 1983
  5. National Employment Service Corp. v. Liberty Mutual InsuranceMassachusetts Superior Court · 1994

1 more not listed; retrieve them via the Exa API.

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