Taft v. Stearns
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Worcester allowing a petition for the proof of the will and codicil of Eustace H. Stearns, late of Leicester, and the appointment of the petitioner as administrator with the will annexed. The appellants were a sister, half brothers and sisters, and a niece, the next of kin of the testator.
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Appeal from a decree of the Probate Court for the county of Worcester allowing a petition for the proof of the will and codicil of Eustace H. Stearns, late of Leicester, and the appointment of the petitioner as administrator with the will annexed. The appellants were a sister, half brothers and sisters, and a niece, the next of kin of the testator. The appellants moved that the following issues be framed for trial by a jury: “1. Was the said alleged will of Eustace H. Stearns duly and ■properly executed and attested? “2. Was the said alleged codicil to the alleged will of Eustace H. Stearns…
1Opinion of the CourtRugg, C. J.
This case comes before us on report as to the allowance of the will and codicil of Eustace H. Stearns, deceased, late of Leicester. He left one instrument, in form a will, dated August 8,1906, whereby all his estate was given to Mary F. Wells, who was named as executrix. He left another instrument dated October 24, 1912, termed the codicil, which was in this form: “I, Eustace H. Stearns of Des Moines in the County of- Polk and State of Iowa being of sound mind and memory do make this Codicil to my last Will and Testament, made and executed about October 1st, 1906. I hereby give, devise and…
2Cases cited18 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- Ware v. MinotMassachusetts Supreme Judicial Court · 1909
- McCurdy v. McCallumMassachusetts Supreme Judicial Court · 1904
- Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
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3Cited by11 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Smith v. LivermoreMassachusetts Supreme Judicial Court · 1937
- Bemis v. FletcherMassachusetts Supreme Judicial Court · 1925
- Clark v. GreenhalgeMassachusetts Supreme Judicial Court · 1991
- Day Trust Co. v. Malden Savings BankMassachusetts Supreme Judicial Court · 1952
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