Powers v. Codwise
Massachusetts Supreme Judicial Court
Scire facias. Trial in the Superior Court, without a jury, before Richardson, J., who ruled that the legacies to Georgie S. Livermore were void, and went to the heirs at law of the testator as undevised estate, and that as the share of the original debtor, Elisha W. Shaw, in this personal property was $22.50, the plaintiff was entitled to judgment for that amount and costs; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the Court
Field, O. J.
This is a writ of scire facias to recover a certain amount of money from the defendant, who, as executor of the will of James M. Shaw, was charged as trustee in an action by the plaintiff against Elisha W. Shaw. Isaac H. Hazelton, Oliver C. Livermore, and Arnold Livermore were the witnesses, and the only witnesses, to the will. Oliver C. Livermore when the will was executed was, and ever since has been, the husband of Georgie S. Livermore, who was one of the nieces of James M. Shaw living at the time of his decease. The three articles of the will material to the present case are…
2Cases cited2 opinions
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1897
- Swallow v. SwallowMassachusetts Supreme Judicial Court · 1896
3Cited by9 opinions
- Best v. BerryMassachusetts Supreme Judicial Court · 1905
- Rosenbloom v. KokofskyMassachusetts Supreme Judicial Court · 1977
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- Dresel v. KingMassachusetts Supreme Judicial Court · 1908
- Lyman v. CoolidgeMassachusetts Supreme Judicial Court · 1900
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