Burroughs v. Nutting
Massachusetts Supreme Judicial Court
Appeal by the husband of Catherine Burroughs from a decree of the probate court, disallowing an instrument offered for probate as her last will and testament. This instrument was dated April 5, 1846 ; devised in equal undivided portions to the appellant and Brigham Nutting “the home farm” of the testatrix, which it described as all the real estate which she owned; and made no provision for the disposition of personal property.
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Appeal by the husband of Catherine Burroughs from a decree of the probate court, disallowing an instrument offered for probate as her last will and testament. This instrument was dated April 5, 1846 ; devised in equal undivided portions to the appellant and Brigham Nutting “the home farm” of the testatrix, which it described as all the real estate which she owned; and made no provision for the disposition of personal property. The case was submitted to the judgment of the court on the following statement of facts, of which the instrument was made a part: Catherine Burroughs was first married…
1Opinion of the CourtWells, J.
The will takes effect from the date of the death of the testatrix. At that time the Gen. Sts. c. 108, § 9, were in force. Under that statute, the assent of the husband is not *229required to give validity to the will, but only to make it effective to deprive him of more than one half of the personal estate of the wife.
The devise to the heir is inoperative, because it purports to give him precisely the same interest that he would take as heir, if he had been intentionally omitted from the will. All the devises and bequests in the will, therefore, are to the husband, and for his benefit solely. The…
2Cited by5 opinions
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
- Bunnell v. HixonMassachusetts Supreme Judicial Court · 1910
- Johnson v. WilliamsMassachusetts Supreme Judicial Court · 1890
- Burke v. ColbertMassachusetts Supreme Judicial Court · 1887
- Webb v. JonesNew Jersey Court of Chancery · 1882