Amory v. Fellowes
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the Court of Probate for this county, approving and allowing an instrument as the last will and testament of Nathaniel Fellowes, formerly a merchant of Boston, but lately resident in the Island of Cuba, where he is said to have executed the will in question. . [ * 220 ] * The appellant, who was the father of the grandchildren and heirs at law of the deceased, filed the following reasons of appeal, pursuant to the statute of 1783, c. 46. $…
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This was an appeal from a decree of the Court of Probate for this county, approving and allowing an instrument as the last will and testament of Nathaniel Fellowes, formerly a merchant of Boston, but lately resident in the Island of Cuba, where he is said to have executed the will in question. . [ * 220 ] * The appellant, who was the father of the grandchildren and heirs at law of the deceased, filed the following reasons of appeal, pursuant to the statute of 1783, c. 46. $ 4.
1Opinion of the Court
*The cause stood over to this term, when the motion [*221 ] was argued at much length by Amory and Dexter for the appellant, and Gore and Otis for the appellee. The Court took time for consideration, and their Opinion was afterwards delivered as follows by
Parsons, C. J.
The appellant moves for a new trial in this case on several grounds : That the depositions taken under the first commission ought to have been suppressed, and not read in evidence to the jury; and that the Court did not direct the jury according to law!
To support the first objection, it has been argued that the com mission issued…
2Cited by16 opinions
- Gillis v. GillisSupreme Court of Georgia · 1895
- Reed v. WatsonIndiana Supreme Court · 1867
- Opinion of the JusticesMassachusetts Supreme Judicial Court · 1919
- Pruitt v. StateSupreme Court of Alabama · 1936
- Jones v. Widow & Heirs of McCoyTexas Supreme Court · 1848
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