Lewis v. Corbin
Massachusetts Supreme Judicial Court
Tort. Writ in the Superior Court for the county of Suffolk dated July 20, 1906. The declaration, excepting copies of the will and codicil which were annexed to and made a part of it, was as follows: “ The plaintiff says that he is a son and one of the heirs at law of Henry Grosvenor Lewis, late of Baltimore in the State of Maryland, deceased, and that the said Henry G. Lewis was a second cousin and a blood relative of Jane Virginia Corbin, late of Boston in the County of…
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Tort. Writ in the Superior Court for the county of Suffolk dated July 20, 1906. The declaration, excepting copies of the will and codicil which were annexed to and made a part of it, was as follows: “ The plaintiff says that he is a son and one of the heirs at law of Henry Grosvenor Lewis, late of Baltimore in the State of Maryland, deceased, and that the said Henry G. Lewis was a second cousin and a blood relative of Jane Virginia Corbin, late of Boston in the County of Suffolk, deceased, the grandfather of the said Henry G. Lewis having been a brother of the grandmother of the said Jane V.…
1Opinion of the CourtKeowltoe, C. J.
This is an action of tort in which the defendant is charged with having deprived the plaintiff of a legacy, through his fraud in inducing a testatrix to execute the codicil by which the legacy purported to be given with only one witness, whereby the codicil was rendered invalid. The legatee named in the codicil was the plaintiff’s father, who had deceased before the codicil was made, although neither the testatrix nor the defendant then knew of his death.
One question is whether this legacy, which would be void at common law, (see Maybank v. Brooks, 1 Brown Ch. 76; Dildine v. Dildine, 32 N. J.…
2Cases cited12 opinions
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