Legal Opinion

Keniston v. Adams

Supreme Judicial Court of Maine

Decided March 13, 1888PublishedCited by 19 opinions

On report. Appeal by the plaintiffs from the decree of the judge of probate. The facts were agreed and are sufficiently stated in. the opinion. Joshua Adams died December, 1881. His wife, the testatrix,. Mary Jane Adams, died October, 1885. He was not any relative to his wife only by marriage, and consequently the legacy to him lapsed when he died.

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On report. Appeal by the plaintiffs from the decree of the judge of probate. The facts were agreed and are sufficiently stated in. the opinion. Joshua Adams died December, 1881. His wife, the testatrix,. Mary Jane Adams, died October, 1885. He was not any relative to his wife only by marriage, and consequently the legacy to him lapsed when he died. Revised Statutes, chapter 74, § 10 ; 49; Maine, 159. The question is fully discussed on page 163 of 49' Maine Report, and cases there cited by the court as to when a legacy lapses. 64 Maine, 468 : Maine Probate Practice, p. 114 : Jarman on Wills,…

1Opinion of the CourtPeters, C. J.

An instrument left by a person at his death, as his last will and testament, should be filed in the probate office without fail. The person in whose custody it is, may be more interested to suppress than to publish its contents. To prevent fraud or wrong, all wills should be open to a proper public inspection. Such is the implication of the statutory provisions for punishing the unwarrantable suppression or destruction of wills. The authorities all declare that this first step is of transcendent importance. The-will, having been presented, may or may not be probated. There has been some…

2Cases cited5 opinions

  1. Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
  2. Kimball v. StoryMassachusetts Supreme Judicial Court · 1871
  3. Cleaver v. CleaverWisconsin Supreme Court · 1875
  4. Sloan v. HanseSupreme Court of Pennsylvania · 1829
  5. Hawn v. BanksNew York Court of Chancery · 1846

3Cited by19 opinions

  1. In Re the Accounting of TamargoNew York Court of Appeals · 1917
  2. Galloway v. DarbySupreme Court of Arkansas · 1912
  3. In Re Estate of HaeseWisconsin Supreme Court · 1977
  4. In re the Estate of BarrettNew York Surrogate's Court · 1931
  5. Great Northern Casualty Co. v. McColloughIndiana Court of Appeals · 1930

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