Swett v. Boardman
Massachusetts Supreme Judicial Court
Tars was an appeal from a decree of the judge of probate establ. filing a certain instrument as and for the last will and testament of tnTin Boardman deceased. The appellants were heirs at law of the deceased. The appellee was also one of his heirs at law, and named executor and principal and residuary legatee in the instrument.
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Tars was an appeal from a decree of the judge of probate establ. filing a certain instrument as and for the last will and testament of tnTin Boardman deceased. The appellants were heirs at law of the deceased. The appellee was also one of his heirs at law, and named executor and principal and residuary legatee in the instrument. The appellants filed the following reasons of appeal, viz.:— First, that the deceased was not, at the time he signed the said instrument, of sound and disposing mind, but his mind was then greatly impaired and weakened by reason of old age and sickness. Secondly, that…
1Opinion of the CourtSewall, J.
The only exception assigned in the reasons of appeal, which the Court takes notice of, is the want of publication of the instrument as and for the last will and testament of the deceased. The question arising from the facts stated is, whether there has been a publication. I do not find any cases which have been decided expressly determining what amounts to a publication ; but there must be proof that the person knew the instrument to be his will—that he intended it as such. In the case'now under consideration, there is no evidence, excepting the signature of the deceased, of these facts. I do…
2Cited by8 opinions
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- Will of MeurerWisconsin Supreme Court · 1878
- Duchesneau v. JaskoviakMassachusetts Supreme Judicial Court · 1972
- Cilley v. CilleySupreme Judicial Court of Maine · 1852
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