McGrath v. Quinn
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the County of Middle-sex under R. L. c. 140, § 3, cl. 3, as amended by St. 1905, c. 256, by the surviving husband of Ellen McGrath, late of Lowell, who died without issue on July 19, 1911, leaving a will by the terms of which her husband, the petitioner, was to receive one third of her property real and personal, to compel the executor of the will to sell real estate that belonged to the testatrix to provide for the payment to the…
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Petition, filed in the Probate Court for the County of Middle-sex under R. L. c. 140, § 3, cl. 3, as amended by St. 1905, c. 256, by the surviving husband of Ellen McGrath, late of Lowell, who died without issue on July 19, 1911, leaving a will by the terms of which her husband, the petitioner, was to receive one third of her property real and personal, to compel the executor of the will to sell real estate that belonged to the testatrix to provide for the payment to the petitioner of $5,000, the petitioner having filed under R. L. c. 135, § 16, a writing signed by him waiving the provisions…
1Opinion of the CourtBraley, J.
The testatrix died without issue, and her husband, the petitioner, to whom she devised and bequeathed one third of her real and personal property, appeared by counsel and objected to the allowance of the will when offered for probate. By the provisions of the will the respondent, the executor, was exempted from giving a surety on his official bond. R. L. c. 149, § 3. But at some stage of the proceedings the counsel for the husband filed a writing stating that “in his behalf we withdraw all objection to proof of the instrument presented . . . and consent that said instrument may be allowed as…
2Cases cited8 opinions
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
- Atherton v. CorlissMassachusetts Supreme Judicial Court · 1869
- Callender, McAuslan & Troup Co. v. FlintMassachusetts Supreme Judicial Court · 1904
- Metropolitan Coal Co. v. Boutell Transportation & Towing Co.Massachusetts Supreme Judicial Court · 1904
- Taylor v. ColeMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Yates v. American Republics CorporationCourt of Appeals for the Tenth Circuit · 1947
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- Forman v. HamilburgMassachusetts Supreme Judicial Court · 1938
- Doujotos v. LeventhalMassachusetts Supreme Judicial Court · 1930
- Trimount Lumber Co. v. MurdoughMassachusetts Supreme Judicial Court · 1918
7 more not listed; retrieve them via the Exa API.