Rogers
Supreme Judicial Court of Maine
This was an appeal from a decree of the Judge of Probate for this County, approving and allowing the last will and testament of John Grace. The instrument was executed by said John Grace and Hannah Grace, his wife, as their joint will; but it was admitted, that the husband died sole seised of the property devised, and that Hannah Grace was still living.
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This was an appeal from a decree of the Judge of Probate for this County, approving and allowing the last will and testament of John Grace. The instrument was executed by said John Grace and Hannah Grace, his wife, as their joint will; but it was admitted, that the husband died sole seised of the property devised, and that Hannah Grace was still living. The 2d and 3d reasons of appeal filed in the Probate Court, being the only ones material to be stated were, that, the will ought not to be proved, approved and allowed, “Because, that the said will was made jointly with one Hannah Grace, and…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
It was admitted, at the argument of this cause, that the property described in the will in question, belonged exclusively to John Grace, and that he died sole seised thereof; and that the will was executed, published and declared to be his last will and testament, in the manner stated in the attestation of the subscribing witnesses. For some strange reason, Hannah Grace, then the wife of John Grace, was joined with her husband in the character of a devisor; and this joinder is the objection to the probate of the will. The 8th reason of appeal was…
2Cited by3 opinions
- Allen v. AllenSupreme Court of Kansas · 1882
- Cole v. SheltonSupreme Court of Arkansas · 1925
- In re the Probate of the Will of RauppNew York Surrogate's Court · 1894