Nash v. Hunt
Massachusetts Supreme Judicial Court
Appeal by the son and sole heir at law of Thomas J. Hunt, late of Abington, from the allowance by the judge of probate of two instruments, one as his last will, and the other as a codicil thereto, the execution of which the appellant contended was procured by undue influence, and while the testator was not of sound and disposing mind.
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Appeal by the son and sole heir at law of Thomas J. Hunt, late of Abington, from the allowance by the judge of probate of two instruments, one as his last will, and the other as a codicil thereto, the execution of which the appellant contended was procured by undue influence, and while the testator was not of sound and disposing mind. At the trial, before Ames, J., of issues framed on each allegation, the jury found in favor of the will and codicil, and a bill of exceptions, in substance as follows, was allowed: The will of the testator, dated December 31, 1872, after providing for the…
1Opinion of the CourtWells, J.
To show that the will was unreasonable in its provisions for the appellant, who was the son and sole heir of the testator, as one ground for inferring unsoundness of mind, the appellant testified that he had been partner with his father in the firm of Varney & Harvey, and that his share, upon closing up that firm, amounting to $33,000 or $34,000, had been transferred by him to his father for the purpose of facilitating the settlement of the partnership affairs, with the understanding and assurance that all his father’s estate would become his upon his father’s decease. He also testified that…
2Cases cited1 opinion
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
3Cited by27 opinions
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- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
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