Waters v. Stickney
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate, admitting to probate a codicil to the will of John Waters. His will, dated August 24th 1841, was written on the first page of a single leaf of paper, and the codicil, dated December 3d 1842, on the back of the same leaf.
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Appeal from a decree of the judge of probate, admitting to probate a codicil to the will of John Waters. His will, dated August 24th 1841, was written on the first page of a single leaf of paper, and the codicil, dated December 3d 1842, on the back of the same leaf. By the will, the testator appointed one of his sons executor, and gave all his estate, real and personal, to his wife for life, with remainder to all his children, two sons and a daughter, in the same shares as if he had died intestate ; but by the codicil he gave part of his real estate, after the death of his wife, to his sons…
1Opinion of the CourtGray, J.
The decision of this case involves an interesting question of the extent of the powers of courts of probate, upon which there has been no express adjudication in this commonwealth, but to which a consideration of the precedents and authorities on the subject furnishes a satisfactory answer.
The jurisdiction over the probate of wills and granting administrations is peculiar. It was derived from the civil law through the ecclesiastical courts of England, and was granted by the Province Chárter to the governor and council, who appointed judges of probate in the different counties as their…
2Cases cited11 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Griffith v. FrazierSupreme Court of the United States · 1814
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Adams v. AdamsSupreme Court of Vermont · 1849
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3Cited by12 opinions
- Carlton v. BlackWashington Supreme Court · 2004
- In Re Estate of BlackWashington Supreme Court · 2004
- Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
- In Re Elliott's EstateWashington Supreme Court · 1945
- Moore v. McKevittCalifornia Supreme Court · 1919
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