Emery v. Emery
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the County of Suffolk on December 10, 1912,. for the proof of the will of Samuel W. Emery, who died on November 29, 1912, and whose residence at the time of his death was alleged to have been Boston. A decree was made by Grant, J., allowing the will. A son and two daughters of the alleged testator appealed from the decree.
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Petition, filed in the Probate Court for the County of Suffolk on December 10, 1912,. for the proof of the will of Samuel W. Emery, who died on November 29, 1912, and whose residence at the time of his death was alleged to have been Boston. A decree was made by Grant, J., allowing the will. A son and two daughters of the alleged testator appealed from the decree. They also filed a paper called a “plea and motion,” in which it was alleged that the domicil of Samuel W. Emery at the time of his death was not at Boston but was at Portsmouth in the State of New Hampshire and it was prayed that the…
1Opinion of the CourtDe Courcy, J.
This case is before us on a report after an appeal from the interlocutory decree denying the “plea and motion;” it being agreed that the findings of fact made by the Chief Justice should be accepted without a report of the evidence. The only question raised is whether the correct inference to be drawn from the facts found is that the domicil of Samuel W. Emery at the time of his decease was in Suffolk County in this Commonwealth, where his will was filed for probate. R. L. c. 162, § 3. Harvard College v Gore, 5 Pick. 370. Shaw v. Shaw, 98 Mass. 158. And under the terms of the report we stand…
2Cases cited5 opinions
- Harvey-Watts Co. v. Worcester Umbrella Co.Massachusetts Supreme Judicial Court · 1906
- Shaw v. ShawMassachusetts Supreme Judicial Court · 1867
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
- Barron v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Ames v. DuryeaNew York Supreme Court · 1871
3Cited by12 opinions
- Kennedy v. SimmonsMassachusetts Supreme Judicial Court · 1941
- Slater v. MunroeMassachusetts Supreme Judicial Court · 1943
- Smith v. BrewsterMassachusetts Supreme Judicial Court · 1924
- Doyle v. GoldbergMassachusetts Supreme Judicial Court · 1936
- Gardner v. GardnerMassachusetts Supreme Judicial Court · 1919
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