Riggs v. Riggs
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court disallowing the will and codicil of Jackson Riggs. The case was heard before G. Allen, J., on the issues whether the witnesses to the will and codicil, or to either of them, attested and subscribed the same in the presence of the testator, within the meaning of the statute.
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Appeal from a decree of the Probate Court disallowing the will and codicil of Jackson Riggs. The case was heard before G. Allen, J., on the issues whether the witnesses to the will and codicil, or to either of them, attested and subscribed the same in the presence of the testator, within the meaning of the statute. The will was executed on November 15, 1881, and the codicil, which confirmed the will except in one particular, was executed on December 8, 1881. The judge ordered a decree to be entered that the will and codicil be admitted to probate, and the case remitted to the Probate Court…
1Opinion of the CourtMorton, C. J.
The only question presented by this report is as to the sufficiency of the attestation by the witnesses to the will and codicil of the testator.
The statutes provide that, in order to be valid, a will or codicil must be signed by the testator, or by some person in his presence and by his direction, “ and attested and subscribed in his presence by three, or more competent witnesses.” Gen. Sts. c. 92, § 6. Pub. Sts. c. 127, § 1.
It appeared at the hearing that the testator had received a severe injury, and was lying upon his bed unable to move. His sight was unimpaired, but he could only look…
2Cases cited2 opinions
- Aikin v. WeckerlyMichigan Supreme Court · 1870
- In re Downie's WillWisconsin Supreme Court · 1877
3Cited by14 opinions
- Cook v. WinchesterMichigan Supreme Court · 1890
- In Re Demaris' EstateOregon Supreme Court · 1940
- Collis v. WalkerMassachusetts Supreme Judicial Court · 1930
- Healey v. BartlettSupreme Court of New Hampshire · 1904
- Cunningham v. CunninghamSupreme Court of Minnesota · 1900
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