Gould v. Mansfield
Massachusetts Supreme Judicial Court
Bill in equity filed December 27, 1866, by Nancy Gould’s sister, praying for a decree to compel the executors of said Nancy’s last will and testament, and the various legatees and devisees under the same, to deliver to the plaintiff the estate which the testatrix, who died June 8, 1865, disposed of by said will otherwise than to the plaintiff.
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Bill in equity filed December 27, 1866, by Nancy Gould’s sister, praying for a decree to compel the executors of said Nancy’s last will and testament, and the various legatees and devisees under the same, to deliver to the plaintiff the estate which the testatrix, who died June 8, 1865, disposed of by said will otherwise than to the plaintiff. The ground for seeking relief was, that the provisions of the will were in violation of ah oral agreement for mutual wills between the plaintiff and said Nancy. The defendants demurred, alleging, among other grounds of demurrer, that the agreement was…
1Opinion of the CourtChapman, C. J.
The bill states, in substance, an oral agreement between the plaintiff and Nancy Gould, deceased, the testatrix of the defendant executors, the purport of which was, that each of them should make a will in the other’s favor, and give and devise thereby all her property, both real and personal, to the other, and that neither of them was to make any different will at any time, or to dispose of her property in any different manner therefrom. The plaintiff alleges that the said Nancy did make her will accordingly, and informed the plaintiff thereof and thereupon the plaintiff made her will in…
2Cited by39 opinions
- Grant v. GrantSupreme Court of Connecticut · 1893
- Hale v. HaleSupreme Court of Virginia · 1894
- In re Williams' EstateMichigan Supreme Court · 1895
- Wellington v. ApthorpMassachusetts Supreme Judicial Court · 1887
- Edwall v. JessephWashington Supreme Court · 1913
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