Chase v. Kittredge
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate, allowing an instrument as the will of Simeon Daniels, At the trial in this court, before Gray, J., one of the issues to the jury was as to the execution of the will. Joseph A. Sprague, one of the attesting witnesses, testified as follows: “ Mr. Daniels came into my office and told me how to draw his will. I made a rough sketch of a will and read it to him, and he said it was all right, and went out.
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Appeal from a decree of the judge of probate, allowing an instrument as the will of Simeon Daniels, At the trial in this court, before Gray, J., one of the issues to the jury was as to the execution of the will. Joseph A. Sprague, one of the attesting witnesses, testified as follows: “ Mr. Daniels came into my office and told me how to draw his will. I made a rough sketch of a will and read it to him, and he said it was all right, and went out. I copied it, and he came back and sat down by my side. I read the will down to the seal, and said, ‘ Does that suit yen ? ’ He said it did. I then…
1Opinion of the CourtGray, J.
This case presents an important question of construction of the statute of wills, upon which there has been much apparent, and some real, conflict of . judicial opinion, and in the consideration of which it is essential to keep in mind the exact language of the enactments under which cases have arisen.
By the original English statute for the prevention of frauds and perjuries, passed in 1676, it was enacted that “ all devises and bequests of any lands or tenements shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express…
2Cases cited10 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Adams v. FieldSupreme Court of Vermont · 1849
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Hoysradt v. . KingmanNew York Court of Appeals · 1860
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3Cited by4 opinions
- In Re Will of Elijah PopeSupreme Court of North Carolina · 1905
- In re the Probate of the Last Will & Testament of JacobsNew York Surrogate's Court · 1911
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Commonwealth v. Soriano-LaraMassachusetts Appeals Court · 2021