Giles v. Giles
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court allowing the will of Charles E. Giles of Somerville. Issues for a jury were framed by a single justice of this court, as stated in the opinion, and were sent to the Superior Court to be tried. In the Superior Court the issues were tried before Hardy, J., who, as stated in the opinion, directed the jury to make certain answers to the questions which were unfavorable to the appellants ; and the appellants alleged exceptions.
1Opinion of the CourtKrowltoh, C. J.
This was a trial in the Superior Court upon three issues, framed upon an appeal from a decree of the Probate Court allowing the will of Charles E. Giles. The first issue presented the question whether the will was duly executed. The second raised the question whether it was procured by the undue influence of the petitioner. The third issue was as follows: “Was said instrument revoked by the said Charles E. Giles subsequently to the date, execution and publication thereof by the making, execution and publication of another will which has been lost or destroyed, and its contents cannot be…
2Cases cited14 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Nelson v. McGiffertNew York Court of Chancery · 1848
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3Cited by25 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Topjian v. Boston Casing Co.Massachusetts Supreme Judicial Court · 1934
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
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