Stewart v. Stewart
Massachusetts Supreme Judicial Court
Appeal, from a decree of Holmes, C. J., affirming a decree of the Probate Court admitting- to probate the third codicil to the will of Rensselear S. Stewart. The case was reported by the Chief Justice for the consideration of the full court, as follows: “ The will and first two codicils were written by the testator with his own hand.
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Appeal, from a decree of Holmes, C. J., affirming a decree of the Probate Court admitting- to probate the third codicil to the will of Rensselear S. Stewart. The case was reported by the Chief Justice for the consideration of the full court, as follows: “ The will and first two codicils were written by the testator with his own hand. The document presented as a third codicil was dictated by him to his daughter on the day of its date, and the three witnesses were called by his direction. It appeared, if material, that he expressly contemplated the settlement of his estate by his son, in…
1Opinion of the CourtKnowlton, J.
The Chief Justice at the hearing, found as a fact that if the paper in question “ can operate as a codicil, it was executed anima testandi.”
The paper having been executed with this purpose, there is nothing in its form or substance to prevent its taking effect as a codicil. Osborn v. Cook, 11 Cush. 532. It was sufficiently attested; Ela v. Edwards, 16 Gray, 91.
A paper may be valid as a will which is also in part a contract inter vivas. Cross v. Cross, 8 Q. B. 714. Robinson v. Schly, 6 Ga. 515. It is no objection to the validity of a will or codicil that it only appoints an executor. Sumner v.…
2Cases cited2 opinions
- Robinson v. SchlySupreme Court of Georgia · 1849
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
3Cited by11 opinions
- Adams v. MarisTexas Commission of Appeals · 1919
- Johnson v. JohnsonSupreme Court of Oklahoma · 1954
- Bomar v. CarstairsTexas Supreme Court · 1935
- In Re Vasgaard's EstateSouth Dakota Supreme Court · 1934
- Edwards v. BeardIndiana Court of Appeals · 1922
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