Buckley v. Gerard
Massachusetts Supreme Judicial Court
Petition by Mary D. K. Buckley and Julian G. Buckley, minor children of Juliette A. Buckley, appearing by their next friend, for partition of a parcel of land in Boston, of an undivided third part of which their mother Juliette A. Buckley died seised. Katharine L. Buckley, the step-mother of the petitioners, was the only respondent who appeared.
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Petition by Mary D. K. Buckley and Julian G. Buckley, minor children of Juliette A. Buckley, appearing by their next friend, for partition of a parcel of land in Boston, of an undivided third part of which their mother Juliette A. Buckley died seised. Katharine L. Buckley, the step-mother of the petitioners, was the only respondent who appeared. At the trial in this court, before Endicott, J., without a jury it appeared that Mary D. K. Buckley was born on July 2,1860 that Juliette by her will, dated January 4, 1864, devised and bequeathed all her property to her husband, Thomas O. T. Buckley,…
1Opinion of the CourtMorton, J.
The justice, before whom this case was heard, without a jury, has found as a fact that the omission by Juliette A. Buckley to provide for her children in her will was intentional and not occasioned by accident or mistake. This is decisive against the petitioners, if such finding was justified by the evidence.
The paroi testimony admitted, tending to show the intelligence of the testatrix and her relations to her husband and her children, at the date of the will and to the time of her death, was clearly competent. Converse v. Wales, 4 Allen, 512. Rams-dill v. Wentworth, 101 Mass. 125.
The will…
2Cases cited1 opinion
- Ramsdill v. WentworthMassachusetts Supreme Judicial Court · 1869
3Cited by19 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Coulam v. DoullSupreme Court of the United States · 1890
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Boston Safe Deposit & Trust Co. v. PrindleMassachusetts Supreme Judicial Court · 1935
- Bower v. BowerWashington Supreme Court · 1892
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