Ramsdill v. Wentworth
Massachusetts Supreme Judicial Court
Petition by children of William Ramsdill, for partition of all the real estate left by him at his death. At the hearing in this court, before Wells, J., the following facts appeared: The said William Ramsdill died in 1860, leaving a will by which, after directing payment of his funeral charges and just debts, he gave, devised and disposed of all his estate, real and personal, to his wife, Lucy L. Ramsdill, “ to be held by her and her heirs forever, and to her and their sole…
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Petition by children of William Ramsdill, for partition of all the real estate left by him at his death. At the hearing in this court, before Wells, J., the following facts appeared: The said William Ramsdill died in 1860, leaving a will by which, after directing payment of his funeral charges and just debts, he gave, devised and disposed of all his estate, real and personal, to his wife, Lucy L. Ramsdill, “ to be held by her and her heirs forever, and to her and their sole and separate use,” and appointed Thomas Wentworth, Jr., husband of his daughter Mary, to be his executor. Lucy L.…
1Opinion of the CourtColt, J.
In the will of their father, provision is omitted to be made for the petitioners, and they are entitled, under the statute, to such share of his real estate as they would have taken if he had died intestate, unless it appears that the omission was intentional, and not occasioned by accident or mistake. Gen. Sts. c. 92, § 25. The omission may be shown to be intentional, and not the result of accident or mistake, both by the terms of the will and by extrinsic paroi evidence. Wilson v. Fosket, 6 Met. 400. There is nothing in the will, except the fact of the omission, which indicates a purpose…
2Cited by15 opinions
- Armstrong v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- Coulam v. DoullSupreme Court of the United States · 1890
- Bower v. BowerWashington Supreme Court · 1892
- Newman v. WatermanWisconsin Supreme Court · 1885
- Stebbins v. StebbinsMichigan Supreme Court · 1892
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