Colburn v. Hodgdon
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 27,1920, to set aside, on the ground of mistake, fraud and false representations, an instrument in writing executed by the plaintiffs conveying all their right, title and interest as heirs at law and next of kin of Nancy E. Colburn in her estate, both real and personal, to the defendant Andrew H. Hodgdon in trust to dispose thereof in accordance with the terms of her will, of which he was executor, and assenting to his…
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Bill in equity, filed in the Superior Court on July 27,1920, to set aside, on the ground of mistake, fraud and false representations, an instrument in writing executed by the plaintiffs conveying all their right, title and interest as heirs at law and next of kin of Nancy E. Colburn in her estate, both real and personal, to the defendant Andrew H. Hodgdon in trust to dispose thereof in accordance with the terms of her will, of which he was executor, and assenting to his appointment as administrator of her estate. The suit was referred to a master, who filed a report containing findings,…
1Opinion of the CourtCrosby, J.
Nancy E. Colburn, an unmarried woman, died on March 8, 1919. An instrument purporting to be her last will was offered for probate in the Probate Court for the County of Norfolk by the defendant, Andrew H. Hodgdon, who was named as executor therein; and on April 2, 1919, it was proved and allowed as her last will and letters testamentary were issued to him. Thereafter, a question having arisen respecting the validity of the will because William F. Hill, one of the witnesses thereto, had been previously convicted of a crime which might have made him incompetent as such witness, all the heirs at…
2Cases cited8 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Berry v. KyesMassachusetts Supreme Judicial Court · 1939
- Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
- Taylor v. JonesMassachusetts Supreme Judicial Court · 1922
- Findorff v. FindorffWisconsin Supreme Court · 1958
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