Davis v. Sigourney
Massachusetts Supreme Judicial Court
Appeals from a decree of the judge of probate, approving and allowing the last will of Charles Davis, late of Roxbury, and granting letters testamentary to the appellee, who was named as executor of said will. The case is fully slated in the opinion of the court.
1Opinion of the CourtWilde, J.
The original will was not produced in the probate court, but evidence was there given of the existence of the will, and that the same had been duly executed by the testator, and had been lost or destroyed without having been revoked by him.
An alleged copy of the substance of the will was then propounded, as supported by the deposition of David A. Simmons, Esq., who drew the will, and who testifies as to its contents. Admitting that the evidence of the due execution of the will, and of its loss or destruction, is sufficient and satisfactory, the question is, whether there is full and…
2Cases cited1 opinion
- Bowen v. IdleyNew York Court of Chancery · 1831
3Cited by1 opinion
- Barnes v. BrownleeSupreme Court of Kansas · 1916