Barker v. Comins
Massachusetts Supreme Judicial Court
Appear from a decree of the Probate Court admitting an instrument to probate as the will of Abraham Barker. The appellees, Alexander R. Barker and Francis A. Barker, were the executors named in the alleged will, which was dated September 22, 1870. By the first clause of the alleged will, Abraham Barker gave to his wife, Betsey H. Barker, the income of certain property for her life; by the second he gave $8000 to each of his six daughters, “ and all charges on my books for…
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Appear from a decree of the Probate Court admitting an instrument to probate as the will of Abraham Barker. The appellees, Alexander R. Barker and Francis A. Barker, were the executors named in the alleged will, which was dated September 22, 1870. By the first clause of the alleged will, Abraham Barker gave to his wife, Betsey H. Barker, the income of certain property for her life; by the second he gave $8000 to each of his six daughters, “ and all charges on my books for outfits or advances to either of my said daughters are hereby cancelled and declared void.” The third and fourth clauses…
1Opinion of the CourtGbay, J.
When a testamentary instrument offered for probate is executed and attested as required by statute, and has not been revoked or cancelled, only three questions can arise: 1st. Was the testator, at the time of executing the instrument, of sound and disposing mind and memory, capable of understanding the nature of the act he was doing and the relation in which he stood to the objects of his bounty and to the persons to whom the law would have given his property if he had died intestate? 2d. Was the instrument executed under fraud or undue influence, by which his own intentions were controlled…
2Cases cited3 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Hastings v. RiderMassachusetts Supreme Judicial Court · 1868
- Swett v. BoardmanMassachusetts Supreme Judicial Court · 1804
3Cited by35 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
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