Bonnemort v. Gill
Massachusetts Supreme Judicial Court
Petition, by John Gill, executor of the will of Mary E. Met-calf, late of Orange, New Jersey, and her two minor children, by their father as next friend, to vacate the decree allowing the will of Howard Gill. The plaintiff originally propounded the will. Hearing before Allen, J., who dismissed the petition, and the petitioners appealed, and filed a bill of exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The children of Mary E. Metcalf are the sole legatees and devisees under her will. Mary E. Metcalf was one of nine nephews and nieces of Howard Gill, who all appealed from a decree of the Probate Court admitting to probate the last will and testament of said Gill. While their appeal was pending in this court, she died, and afterwards, without the issuing of any notice or citation to her minor children, who lived in New Jersey, or to her executor, the case proceeded to trial upon the appeal of the other eight appellants, whose interests were identical with hers, and the will was proved and…
2Cases cited6 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
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3Cited by38 opinions
- Tetrault v. MahoneyMassachusetts Supreme Judicial Court · 1997
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
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