Howe v. Berry
Massachusetts Supreme Judicial Court
Petition to the Probate Court, by the heirs of William" J. Howe, to have set off to them real estate in Randolph to the value of five thousand dollars, formerly belonging to Abigail T. Howe, his wife.
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Petition to the Probate Court, by the heirs of William" J. Howe, to have set off to them real estate in Randolph to the value of five thousand dollars, formerly belonging to Abigail T. Howe, his wife. The judge of probate entered a decree that “ William J. Howe died seised of an estate in fee not exceeding five thousand dollars in value in the real estate of said Abigail T. Howe, deceased, and that these petitioners, as heirs at law of said William J. Howe, are entitled to such estate in fee in said real estate ”; and the respondent appealed to this court. Hearing, before Allen, J., who…
1Opinion of the CourtHolmes, J.
The respondent is trustee under the will of Abigail T. Howe. She died before her husband, and he, never having consented to the will, waived its provisions. They had *419no children. The respondent contends that, as they had had no issue born alive, William J. Howe was cut off by the will from everything but a life estate in one half of his wife’s lands. By Pub. Sts. c. 147, § 6, as amended by St. 1885, c. 255, § 1, a married woman may make a will as- if sole, except that without her husband’s written consent the will is not to deprive him of his curtesy or his statutory life estate, or by the…
2Cases cited3 opinions
- Lincoln v. PerryMassachusetts Supreme Judicial Court · 1889
- Eastham v. BarrettMassachusetts Supreme Judicial Court · 1890
- Cochran v. ThorndikeMassachusetts Supreme Judicial Court · 1882
3Cited by2 opinions
- Hite v. HiteMassachusetts Supreme Judicial Court · 1938
- Nesbit v. CandeMassachusetts Supreme Judicial Court · 1910