Crowell v. Tuttle
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Essex allowing a certain instrument as the last will of Charles Rodrick, late of Swampscott.
Read the full summary
Appeal from a decree of the Probate Court for the County of Essex allowing a certain instrument as the last will of Charles Rodrick, late of Swampscott. The appeal was heard by Be Courcy, J. The justice found that the instrument presented for proof was executed by Rodrick as his last will on August 7, 1912, in the presence of three attesting witnesses, Albert H. Barrows, Loring Grimes, and Frank O. Ellis, that they signed in his presence, that he was of sound and disposing mind and memory and that the execution of the will was not procured by undue influence. The justice found also the facts…
1Opinion of the CourtHammond, J.
At the time Ellis signed his name as an attesting witness he was a guarantor on the outstanding note named in the bequest to the church; and one of the questions is whether by reason of this fact he was rendered incompetent to be such a witness.
By the fifth item of the will the sum of $300 was bequeathed to the church corporation “on the express condition” that it be “applied to the reduction of the present mortgage on the property of said church.” This mortgage was given by the corporation to secure the payment of a promissory note dated January 30, 1889, wherein the corporation promised to…
2Cases cited2 opinions
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Estate of JohnsonWisconsin Supreme Court · 1920
- Rockland Trust Co. v. BixbyMassachusetts Supreme Judicial Court · 1924
- Lord v. Blackmer MillerMassachusetts Supreme Judicial Court · 1931