Borden v. Jenks
Massachusetts Supreme Judicial Court
Bill in equity by the administrator with the will annexed of the estate of Charles Jenks, alleging that the testator died on February 17, 1882, leaving a will dated October 25, 1876; that on May 5, 1882, the will was admitted to probate, and letters testamentary were issued to the plaintiff, — George A. Jenks, named in said will as executor, having declined the appointment ; that the will contained the following provisions : “ First.
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Bill in equity by the administrator with the will annexed of the estate of Charles Jenks, alleging that the testator died on February 17, 1882, leaving a will dated October 25, 1876; that on May 5, 1882, the will was admitted to probate, and letters testamentary were issued to the plaintiff, — George A. Jenks, named in said will as executor, having declined the appointment ; that the will contained the following provisions : “ First. I give and bequeath unto my wife, Amy Jenks, my new dwelling-house and the garden lot belonging to the same, for and during her life, also her necessary…
1Opinion of the CourtD evens, J.
The provision made for the widow by the testator is not in terms declared to be in lieu of dower; but as, by *564the statute of Massachusetts, when provision is made for a widow by the will of a deceased husband, she is not entitled to dower, unless it plainly appears thereby that such was the intention, her failure to waive the provisions of the will operates as an acceptance of them, and places her in the same position as if such provisions had been expressly declared to be in lieu of dower. Pub. Sts. c. 127, §§ 18, 20. Towle v. Swasey, 106 Mass. 100.
The widow is a purchaser for value in…
2Cases cited8 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
- Richardson v. HallMassachusetts Supreme Judicial Court · 1878
- Farnum v. BascomMassachusetts Supreme Judicial Court · 1877
- Lord v. LordSupreme Court of Connecticut · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commissioner of Internal Revenue v. Mildred Irene SiegelCourt of Appeals for the Ninth Circuit · 1957
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- In Re Estate of HartmanSupreme Court of Iowa · 1943
- United States v. BolsterCourt of Appeals for the First Circuit · 1928
- Allen v. BrandeisCourt of Appeals for the Eighth Circuit · 1928
16 more not listed; retrieve them via the Exa API.