Pattee v. Stetson
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing a certain instrument as the last will of John Stetson, Jr. The appellant claimed her appeal as the widow of the testator. The executor filed an answer denying that she was the widow or that she was aggrieved by the decree, and moved that the appeal be dismissed for want of jurisdiction.
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Appeal from a decree of the Probate Court, allowing a certain instrument as the last will of John Stetson, Jr. The appellant claimed her appeal as the widow of the testator. The executor filed an answer denying that she was the widow or that she was aggrieved by the decree, and moved that the appeal be dismissed for want of jurisdiction. He also moved that she be required to specify the time and-place at which she claimed to have been married to Stetson, and the name of the clergyman or civil officer who performed the alleged marriage service; and such specifications were filed. A trial was…
1Opinion of the CourtKnowlton, J.
The appellant contends that the decision should have been in her favor upon her introducing testimony which, if uncontradicted, would warrant a finding that she was the testator’s widow, notwithstanding that other evidence was introduced to control it which was found to outweigh it. We understand that the court adopted the ordinary rule applicable to civil cases, that a party having the burden of proof must sustain it by a fairly preponderating weight of evidence.
Original jurisdiction over the probate of wills is in the Probate Court alone. That court is expected to give such a hearing and…
2Cases cited1 opinion
- Lawless v. ReaganMassachusetts Supreme Judicial Court · 1880
3Cited by15 opinions
- Marotta v. Board of Appeals of RevereMassachusetts Supreme Judicial Court · 1957
- Ensign v. FaxonMassachusetts Supreme Judicial Court · 1916
- Finer v. SteuerMassachusetts Supreme Judicial Court · 1926
- Reed v. Home National BankMassachusetts Supreme Judicial Court · 1937
- O'BRIEN v. Wellesley CollegeMassachusetts Supreme Judicial Court · 1963
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