Wyman v. Symmes
Massachusetts Supreme Judicial Court
Appeal from a decree of the judge of probate, admitting to probate an instrument purporting to be the will of Joseph Wy man. There were three subscribing witnesses to the will, one of whom was also one of the executors named therein, and had not declined the trust.
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Appeal from a decree of the judge of probate, admitting to probate an instrument purporting to be the will of Joseph Wy man. There were three subscribing witnesses to the will, one of whom was also one of the executors named therein, and had not declined the trust. The questions whether he was a competent subscribing witness, and if so whether he would be admissible to testify in support of the will at the trial, were reserved by Gray, J. for the determination of the whole court.
1Opinion of the CourtGray, J.
It was long ago decided by this court that an executor named in the will had no such interest in the estate as to make him incompetent to be an attesting witness to the will. Sears v. Dillingham, 12 Mass. 358. Like decisions have been made in other states. Redfield on Wills, 258, and cases cited. Richardson v. Richardson, 35 Verm. 238. Jones v. Larrabee, 47 Maine, 474. Indeed the objection to the competency of the executor as an attesting witness was not much pressed at the argument. And we have no doubt that this will was duly attested.
But the heirs at law contend that the executor, not…
2Cases cited1 opinion
- Richardson v. RichardsonSupreme Court of Vermont · 1862
3Cited by2 opinions
- In Re Estate of BoeseSupreme Court of Minnesota · 1942
- Boese v. LangleySupreme Court of Minnesota · 1942