Tyler v. Wheeler
Massachusetts Supreme Judicial Court
Contract, by the administrator de bonis non with the will annexed of the estate of Jane F. Wheeler, against the administrator of the estate of Reuben A. Wheeler, to recover the sum of $2586.68. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, by the administrator de bonis non with the will annexed of the estate of Jane F. Wheeler, against the administrator of the estate of Reuben A. Wheeler, to recover the sum of $2586.68. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. Reuben A. Wheeler was the husband of Jane F. Wheeler, who died on September 14,1873, leaving a will, of which she appointed her husband as executor, to whom she devised nothing. She left no issue surviving her. Her husband duly petitioned for the…
1Opinion of the CourtKnowlton, J.
The principal question at issue is whether the defendant’s intestate, after having accepted the appointment *208of executor of his wife’s will, was entitled to one half of her personal estate, under Pub. Sts. c. 135, § 3, and c. 147, § 6. The last mentioned statute is as follows: “ A married woman may make a will in the same manner and with the same effect as if she were sole, except that such will shall not, without the husband’s written consent, operate to deprive him of his tenancy by the curtesy in her real estate, or more than one half of her personal estate.” The defendant’s intestate gave…
2Cases cited4 opinions
- New England Trust Co. v. EatonMassachusetts Supreme Judicial Court · 1886
- McLane v. CurranMassachusetts Supreme Judicial Court · 1882
- Cobb v. KemptonMassachusetts Supreme Judicial Court · 1891
- Smith v. WellsMassachusetts Supreme Judicial Court · 1883
3Cited by12 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1916
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Fiduciary Trust Co. v. MishouMassachusetts Supreme Judicial Court · 1947
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
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