McKenna v. McArdle
Massachusetts Supreme Judicial Court
Two appeals from a decree of the Probate Court for the county of Suffolk allowing an instrument as the last will and testament of John McKenna. The appeals were consolidated and tried together before jKnowlton, C. J. upon issues framed for a jury.
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Two appeals from a decree of the Probate Court for the county of Suffolk allowing an instrument as the last will and testament of John McKenna. The appeals were consolidated and tried together before jKnowlton, C. J. upon issues framed for a jury. Upon the first issue the jury found that John McKenna was of sound, disposing mind and memory at the time of executing the instrument, and upon the second issue they found that the alleged will was procured by the undue influence of Charles McKenna or of his wife, Ellen E. McKenna, or of both. After the verdict the petitioner’s counsel filed a…
1Opinion of the CourtKnowlton, C. J.
The petitioner, who was appointed executor in an instrument purporting to be the last will and testament of his brother John McKenna, presented the instrument to the Probate Court, and filed a petition in the usual form for the allowance of it. He employed a competent attorney to prosecute the petition, and represent him in all proper proceedings for the probate of the will, and this attorney entered his appearance in the Probate Court “ for the petitioner.” After the return day of the citation and the entry of appearances in the Probate Court, but before the hearing, and before the decree of…
2Cases cited10 opinions
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Stigers v. BrentCourt of Appeals of Maryland · 1879
- Taylor v. LoveringMassachusetts Supreme Judicial Court · 1898
- Cunningham v. DavisMassachusetts Supreme Judicial Court · 1900
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3Cited by15 opinions
- Willett v. WebsterMassachusetts Supreme Judicial Court · 1958
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Matter of Lindsey C.West Virginia Supreme Court · 1996
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
- King v. StowellMassachusetts Supreme Judicial Court · 1912
10 more not listed; retrieve them via the Exa API.