Smith v. Buffum
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Franklin allowing an instrument offered for probate as the last will of Oscar G. Stratton, late of Greenfield. The appeal was heard by Braley, J., who made a report in which he found the facts that are stated in the opinion, and reported the case upon the pleadings, the objections of the appellants and his findings of fact for determination by the full court.
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Appeal from a decree of the Probate Court for the county of Franklin allowing an instrument offered for probate as the last will of Oscar G. Stratton, late of Greenfield. The appeal was heard by Braley, J., who made a report in which he found the facts that are stated in the opinion, and reported the case upon the pleadings, the objections of the appellants and his findings of fact for determination by the full court. His report concluded as follows: “If, as matter of law, upon the foregoing findings, the will was duly attested and subscribed as required by the provisions of R. L. c. 135, §…
1Opinion of the CourtRugg, C. J.
This is a petition for the probate of a will. It was duly declared and signed by the testator. The instrument then was subscribed by two of the three qualified attesting witnesses in their own names, namely, by Ruth B. Franz and William H. Gould. The third, William A. Davenport, intending to sign his own name as a subscribing witness, wrote “William H. Gould.” The truth was not discovered until after the death of the testator. The question is, whether upon these facts the instrument was “attested and subscribed . . . by three . . . competent witnesses” as required for the execution of a will…
2Cases cited3 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
- In re the Probate of the Last Will & Testament of JacobsNew York Surrogate's Court · 1911
3Cited by3 opinions
- Elston v. PriceSupreme Court of Alabama · 1923
- Commonwealth v. SaltzmanMassachusetts Supreme Judicial Court · 1927
- Hughes v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1951