Legal Opinion
Goddard v. Dupree
Massachusetts Supreme Judicial Court
Decided January 6, 1948PublishedCited by 30 opinions
1Opinion of the CourtQua, C.J.
The petitioner appeals from a decree of the Probate Court disallowing an instrument offered for probate as the will of Nellie E. W. Bickford, late of Boston. The case was fully heard on the facts by the judge of probate without having been submitted to a jury. The decree recites findings of fact that the testatrix was not of sound mind and that the execution of the will was procured by undue influence. The evidence is reported.
On the issue of mental competence, although there is a presumption of sanity, the general burden of proof rested upon the petitioner. Clifford v. Taylor, 204 Mass. 358,…
2Cases cited8 opinions
- Malone v. WalshMassachusetts Supreme Judicial Court · 1944
- Whitney v. TwomblyMassachusetts Supreme Judicial Court · 1883
- Clifford v. TaylorMassachusetts Supreme Judicial Court · 1910
- Greene v. CroninMassachusetts Supreme Judicial Court · 1943
- Johnson v. JenksMassachusetts Supreme Judicial Court · 1925
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Page v. FrazierMassachusetts Supreme Judicial Court · 1983
- Buster v. George W. Moore, Inc.Massachusetts Supreme Judicial Court · 2003
- Tarricone v. CummingsMassachusetts Supreme Judicial Court · 1960
- Olsson v. WaiteMassachusetts Supreme Judicial Court · 1977
25 more not listed; retrieve them via the Exa API.