Legal Opinion

Sughrue v. Barlow

Massachusetts Supreme Judicial Court

Decided September 10, 1919PublishedCited by 7 opinions

Appeal by one named as executor in an instrument purporting to be the will of Albert Barlow, late of Milton, from a decree of the Probate Court for the county of Norfolk refusing to allow the said instrument as the will of said Albert Barlow; also an Appeal by Helen M. Barlow, widow of Albert Barlow, from the same decree; also a Bill in equity, filed in the Supreme Judicial Court on April 3, 1911, by the widow of Albert Barlow against a brother of the plaintiff’s husband,…

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Appeal by one named as executor in an instrument purporting to be the will of Albert Barlow, late of Milton, from a decree of the Probate Court for the county of Norfolk refusing to allow the said instrument as the will of said Albert Barlow; also an Appeal by Helen M. Barlow, widow of Albert Barlow, from the same decree; also a Bill in equity, filed in the Supreme Judicial Court on April 3, 1911, by the widow of Albert Barlow against a brother of the plaintiff’s husband, who was one of his heirs at law, alleging the facts which are stated in the opinion and praying that the defendant be…

1Opinion of the CourtRugg, C. J.

J. The material facts are that Albert Barlow, now deceased, in May, 1916, orally proposed marriage to the appellant, then Helen M. Burke, now his widow, promising that if she would marry him “he would make over everything to” her before the marriage, and that if he should die before marriage she would “be taken care of,” and if he died after marriage she would “have everything.” She accepted his proposal according to its terms. Pursuant to the agreement the deceased executed a will on May 29, 1916, whereby, after making two legacies of $5 each, the residue of his property was given to Helen…

2Cases cited5 opinions

  1. Emery v. BurbankMassachusetts Supreme Judicial Court · 1895
  2. Chase v. FitzMassachusetts Supreme Judicial Court · 1882
  3. White v. BigelowMassachusetts Supreme Judicial Court · 1891
  4. Ingersoll v. HopkinsMassachusetts Supreme Judicial Court · 1898
  5. Runyan v. Van IderstineMassachusetts Supreme Judicial Court · 1918

3Cited by7 opinions

  1. Brought v. HowardArizona Supreme Court · 1926
  2. Young v. YoungMassachusetts Supreme Judicial Court · 1925
  3. Fulton Trust Co. v. TrowbridgeSupreme Court of Connecticut · 1940
  4. Hertrais v. MooreMassachusetts Supreme Judicial Court · 1949
  5. Davis v. AringeSupreme Court of Arkansas · 1987

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