Wolcott v. Wolcott
Massachusetts Supreme Judicial Court
Bill in equity, filed March 8, 1882, alleging that the plaintiff was a son and one of the heirs at law of Allen Wolcott, who died on February 18,1865, possessed of goods and estate, leaving a widow, who has since died, and, as his only heirs at law and next of kin, certain persons named, including the plaintiff and the first-named defendant; that the Probate Court for the county of Hampden, on April 15, 1865, decreed that a certain instrument in writing, by which said Allen…
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Bill in equity, filed March 8, 1882, alleging that the plaintiff was a son and one of the heirs at law of Allen Wolcott, who died on February 18,1865, possessed of goods and estate, leaving a widow, who has since died, and, as his only heirs at law and next of kin, certain persons named, including the plaintiff and the first-named defendant; that the Probate Court for the county of Hampden, on April 15, 1865, decreed that a certain instrument in writing, by which said Allen Wolcott devised all his property to the defendant Hilas O. Wolcott, be approved and allowed as the last will and…
1Opinion of the CourtMorton, C. J.
A decree of the Probate Court, admitting to probate a will, is final and conclusive upon all the world until revoked by the court by which it was passed. It is in the nature of a judgment in rem. It cannot be reversed by writ of error or certiorari, and it cannot be set aside in equity for fraud. Waters v. Stickney, 12 Allen, 1, and cases cited.
This court, sitting as a court of equity, has no jurisdiction to revoke and annul a decree of the Probate Court, duly passed, approving and allowing a will.
Bill dismissed.
2Cited by5 opinions
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1908
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
- Cousens v. Advent ChurchSupreme Judicial Court of Maine · 1899
- Thompson v. NicholsDistrict Court, D. Maine · 1919
- Akeau v. IakonaHawaii Supreme Court · 1900