Osgood v. Bliss
Massachusetts Supreme Judicial Court
Appeal, by Edward M. Bliss and Carrie F. Ormsby, from a decree of the Probate Court, admitting to probate the will of Elizabeth A. Heywood. The case was submitted, and reserved for the consideration of the full court, upon agreed facts, in substá.nce a.s follows: Elizabeth A. Heywood, being unmarried, and a resident of Indianapolis in the State of Indiana, on January 25, 1882, at said Indianapolis, duly executed the will offered for probate.
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Appeal, by Edward M. Bliss and Carrie F. Ormsby, from a decree of the Probate Court, admitting to probate the will of Elizabeth A. Heywood. The case was submitted, and reserved for the consideration of the full court, upon agreed facts, in substá.nce a.s follows: Elizabeth A. Heywood, being unmarried, and a resident of Indianapolis in the State of Indiana, on January 25, 1882, at said Indianapolis, duly executed the will offered for probate. On the same day, said Elizabeth and Edward M. Bliss, a resident of Worcester, in this Commonwealth, at said Indianapolis, entered into the following…
1Opinion of the CourtW. Allen, J.
Ho question is made that the agreement contained a power to Mrs. Bliss to appoint by will, and that a will executed by her after the marriage would have been a good execution of the power, and would have operated as such, and not as a will; and that, to make it effective, it would be necessary that it should be allowed in the Probate Court. See Osgood v. Breed, 12 Mass. 525; Ela v. Edwards, 16 Gray, 91; Heath v. Withington, 6 Cush. 497; Holman v. Perry, 4 Met. 492; Parker v. Parker, 11 Cush. 519.
Whether a power of appointment in an ante-nuptial contract can be executed before, as well as…
2Cases cited2 opinions
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Bradish v. GibbsNew York Court of Chancery · 1818
3Cited by19 opinions
- Naab v. SmithWyoming Supreme Court · 1940
- Stone v. ForbesMassachusetts Supreme Judicial Court · 1905
- Emmons v. ShawMassachusetts Supreme Judicial Court · 1898
- Courtney v. . ParkerSupreme Court of North Carolina · 1917
- Thompson v. PewMassachusetts Supreme Judicial Court · 1913
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