Legal Opinion

Shannon v. Shannon

Massachusetts Supreme Judicial Court

Decided January 15, 1873PublishedCited by 3 opinions

The first of these cases was an appeal, by Harriet M. Shannon, from the decree of the Probate Court ordering that a copy of the will of Oliver N. Shannon, late of Terre Haute, in the State of Indiana, should be filed and recorded, and that letters testamentary should be issued to Mary C. Shannon, as executrix of the will.

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The first of these cases was an appeal, by Harriet M. Shannon, from the decree of the Probate Court ordering that a copy of the will of Oliver N. Shannon, late of Terre Haute, in the State of Indiana, should be filed and recorded, and that letters testamentary should be issued to Mary C. Shannon, as executrix of the will. The second case was an appeal from a decree of the Probate Court refusing to appoint the appellant, Harriet M. Shannon, as administratrix of the estate of Oliver N. Shannon. The cases were heard together before Morton, J., and, a,s they appeared from the records and evidence…

1Opinion of the CourtWells, J.

For the decision of these appeals we do not find it necessary to determine the long vexed question of the validity of the decree of divorce obtained in Indiana in 1856, by Oliver N. Shannon from his wife, Harriet M. Shannon.

Upon the evidence submitted to us, two facts are established, which effectually dispose of both appeals. First, that Oliver N. Shannon had acquired a domicil in Indiana before November 1868, when he made his will there ; and that he had not abandoned it when he died. Second, that he died testate.

There being a will, whether properly admitted to probate or not, no one could…

2Cited by3 opinions

  1. Rackemann v. TaylorMassachusetts Supreme Judicial Court · 1910
  2. Scripps v. Wayne Probate JudgeMichigan Supreme Court · 1902
  3. Talbot v. ChamberlainMassachusetts Supreme Judicial Court · 1889

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