Witter v. Mott
Supreme Court of Connecticut
IN ERROR. THIS was an appeal from a decree of the court of pro-hate for the district of Norwich, approving and ordering to be recorded the will of Samuel Mott, deceased.
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IN ERROR. THIS was an appeal from a decree of the court of pro-hate for the district of Norwich, approving and ordering to be recorded the will of Samuel Mott, deceased. The will contained devises of the testator’s real estate, and was duly made and attested on the 4th day of June 1812. The deceased afterwards wrote upon said will as follows : “ This will is invalid, March 9th, 1813, as Mr. Luther Smith has agreed that my wife shall claim no right of dower, and bound himself accordingly. Samuel Mott.” The above memorandum was not attested by any subscribing witness, nor was any seal affixed…
1Opinion of the Court
Swift, Ch. J.
The declaration subscribed by the testator on the back of his will — “ This will is invalid,” — is an express revocation of ¡1. It is the same as if he had said, this will is revoked. The reason which be has given cannot change the nature of the act. If he had intended solely to vacate the legacy to his wife, he might have said it in so many words : and it cannot be known but that the agreement made that his wife should have no claim on his estate after *69ills dealh, was a reason why the whole will should be revoked. Where the words are plain and unequivocal, there is no room for…
2Cited by11 opinions
- In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
- Card v. GrinmanSupreme Court of Connecticut · 1823
- Collins v. CollinsOhio Supreme Court · 1924
- Howard v. HunterSupreme Court of Georgia · 1902
- Derr v. DerrSupreme Court of Kansas · 1927
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