Stewart, from Decision of the Judge of Probate
Supreme Judicial Court of Maine
Appeal from the decision of the Judge of Probate for this county. The appellant is the only daughter and principal legatee in the will of Barna,bas P. Merrick; the will was duly made and executed by the testator, and after his death, and after proper notice, the will was duly proved, approved and allowed by the Court of Probate; the appellant was in and by said will named and appointed by the testator to be sole executrix thereof; yet, because the appellant at the time of…
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Appeal from the decision of the Judge of Probate for this county. The appellant is the only daughter and principal legatee in the will of Barna,bas P. Merrick; the will was duly made and executed by the testator, and after his death, and after proper notice, the will was duly proved, approved and allowed by the Court of Probate; the appellant was in and by said will named and appointed by the testator to be sole executrix thereof; yet, because the appellant at the time of the execution of the will, and of its approval in the Probate Court, was a married woman, the Judge of Probate refused to…
1Opinion of the CourtKent, J.
The single question, presented by this appeal, is whether a married woman can take upon herself the duty and trust of an executrix to a will in which she is named for that office, she being married at the time of the execution of the will, and her husband consenting to her thus acting.
Independently of any statute, the general rule of the English law is that any person may be an executor if mentally capable of executing its duties.
It seems to be universally conceded, in all the text books and in all the authorities, that coverture, in itself, is no in*301capacity for the office of executor or…
2Cases cited2 opinions
- Barber v. BushMassachusetts Supreme Judicial Court · 1811
- Young v. Duhme & Co.Court of Appeals of Kentucky · 1863
3Cited by3 opinions
- Kidd v. BatesSupreme Court of Alabama · 1897
- Hammond v. WoodSupreme Court of Rhode Island · 1887
- Smith v. RiceSupreme Court of Alabama · 1956