Smith v. Bradstreet
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate, passed on the third Tuesday of May, 1833, allowing and approving an instrument as the will of Dudley Bradstreet. The ground of the appeal was, that the testator, at the time of the execution thereof, was not of sound and disposing mind and memory.
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This was an appeal from a decree of the judge of probate, passed on the third Tuesday of May, 1833, allowing and approving an instrument as the will of Dudley Bradstreet. The ground of the appeal was, that the testator, at the time of the execution thereof, was not of sound and disposing mind and memory. It appeared, that the real estate of the testator was devised by the instrument in question ; that the appellant was a creditor of one- of the heirs of the testator ; and that the appellee was appointed executor by such instrument.
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The ground upon which the appellant claims to be an aggrieved party, and, as such, to have a right to appeal, is, that he is a creditor of one of the heirs at law of the testator, and that the will devises the testator’s land to others, and thus defeats the title of the heir who is "his debtor. A preliminary objection is taken to the right of the appellant to interpose this appeal, and the motion is to dismiss it. On this question the Court are of opinion, that the interest of the appellant is too remote and contingent to make him an aggrieved…
2Cases cited1 opinion
- Downing v. PorterMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
- In Re Will of ThompsonSupreme Court of North Carolina · 1919
- Edney v. BaumNebraska Supreme Court · 1899