In re Estate of MacKay

The issue in this appeal is whether the Probate Court (Spanos, J.) erred in finding that the plaintiff “was not actually named or distinctly referred to personally” (emphasis in original) in the will of her father, and therefore was entitled “to the same portion of his estate, real and personal, as she would be if the deceased was intestate.” We agree with the decree and affirm.

James C. MacKay, the testator, whose will is the subject of this appeal, married Zatae Slack in 1918. On June 12, 1920, they had a child, Virginia Louise MacKay, now Virginia L. Greer, the plaintiff. In 1924 the couple…