Sewall v. Robbins
Massachusetts Supreme Judicial Court
Appeal by Lizzie G. Robbins and others from a decree of the Probate Court admitting to probate a certain paper writing, dated May 13, 1881, purporting to be the last will and testament of Caira Robbins. The case was tried in this court, before Holmes, J., upon the issues: 1st. Whether the alleged will was duly executed. 2d. Whether Caira Robbins, at the time of the execution of the alleged will, was of sound and disposing mind and memory. 3d.
Read the full summary
Appeal by Lizzie G. Robbins and others from a decree of the Probate Court admitting to probate a certain paper writing, dated May 13, 1881, purporting to be the last will and testament of Caira Robbins. The case was tried in this court, before Holmes, J., upon the issues: 1st. Whether the alleged will was duly executed. 2d. Whether Caira Robbins, at the time of the execution of the alleged will, was of sound and disposing mind and memory. 3d. Whether she was unduly influenced to make the alleged will. The judge allowed a bill of exceptions, in substance as follows: After the formal execution…
1Opinion of the CourtField, J.
The counsel for the executor, after having called such of the attesting witnesses as were alive, and thus proved the formal execution of the will, was permitted by the judge to read the will to the jury, to which the appellants objected, on the ground that a subsequent will containing a revoking clause had been found by a jury to have been duly executed. The record of the case in which the validity of the subsequent will was determined was not then in evidence. It was subsequently put in evidence, and showed that the decree of the Probate Court admitting that will to probate had been…
2Cases cited2 opinions
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Stickney v. HammondMassachusetts Supreme Judicial Court · 1884
3Cited by18 opinions
- Clifford v. TaylorMassachusetts Supreme Judicial Court · 1910
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- Giles v. GilesMassachusetts Supreme Judicial Court · 1910
- In re the Probate of the Will of CunninghamSupreme Court of Minnesota · 1888
13 more not listed; retrieve them via the Exa API.