Legal Opinion
Daly v. Hussey
Massachusetts Supreme Judicial Court
Decided February 27, 1931PublishedCited by 19 opinions
1Opinion of the CourtPierce, J.
This is an appeal to this court by the respondents in a petition, filed in the Probate Court, for the proof of the will of Mary J. Hussey, late of Cambridge, Massachusetts, from an order of a judge of the Probate Court denying their motion that issues be framed for a jury: (1) as to the execution of the will, and (2) as to the testamentary capacity of the decedent. “ The first ground is waived ” and was not argued.
It is settled law in this Commonwealth that a person of pathologically unsound mind may possess testamentary capacity at any given time and lack it at all other times. May v.…
2Cases cited10 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Clark v. McNeilMassachusetts Supreme Judicial Court · 1923
- Whitney v. TwomblyMassachusetts Supreme Judicial Court · 1883
- Taylor v. CreeleyMassachusetts Supreme Judicial Court · 1926
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wellman v. CarterMassachusetts Supreme Judicial Court · 1934
- O'Rourke v. HunterMassachusetts Supreme Judicial Court · 2006
- Cranston v. HallockMassachusetts Supreme Judicial Court · 1932
- Briggs v. WestonMassachusetts Supreme Judicial Court · 1936
- Parry v. ParryMassachusetts Supreme Judicial Court · 1944
14 more not listed; retrieve them via the Exa API.