Smith v. Wells
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, granting to Elisha Wells, the administrator de bonis non, with the will annexed, of the estate of Emily Smith, leave to sell the real estate of the deceased for the payment of debts and legacies, on a petition dated January 21, 1882. The case was submitted to the judgment of this court upon an agreed statement of facts, in" substance as follows: Emily Smith, who was a married woman, died on November 9, 1873, leaving a will, in which…
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Appeal from a decree of the Probate Court, granting to Elisha Wells, the administrator de bonis non, with the will annexed, of the estate of Emily Smith, leave to sell the real estate of the deceased for the payment of debts and legacies, on a petition dated January 21, 1882. The case was submitted to the judgment of this court upon an agreed statement of facts, in" substance as follows: Emily Smith, who was a married woman, died on November 9, 1873, leaving a will, in which her husband was named as executor, and which, after giving several legacies, one of which was a sum of money and all…
1Opinion of the CourtC. Allen, J.
The devise to the husband was not specific, in any such sense as to exonerate it from liability for the payment of debts and legacies. Wilcox v. Wilcox, 13 Allen, 252. He, by proving the will, by accepting the position of executor, by giving bond, and by continuing to occupy the real estate left by the deceased, adopted, ratified and confirmed the will, and became bound to execute it according to its terms; and he and all persons claiming under him are estopped from setting up any claim or right which would defeat it. Hyde v. Baldwin, 17 Pick. 303. Smith v. Smith, 14 Gray, 532. 2 Story Eq.…
2Cited by8 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
- Gallagher v. TaylorMassachusetts Appeals Court · 1989
- Thurlow v. ThurlowMassachusetts Supreme Judicial Court · 1944
- Tyler v. WheelerMassachusetts Supreme Judicial Court · 1893
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