Howland v. Cape Cod Bank & Trust Co.

Carrie K. Cook executed what purported to be her last will on August 30, 1985, when she was 109 years old, and died on May 31, 1986, at the age of 110 years. She left, as her heirs at law and next of kin, three living daughters (Georgia Ferguson, Hilda C. Swift, and Barbara C. Henry) and the two living children of a then deceased daughter (Katherine C. Howland), viz., Kempton S. Howland, Jr., a grandson, and Meredith K. Howland, a granddaughter.

The instrument executed by Mrs. Cook on August 30, 1985, left one third of the residue of her estate to each of two of her daughters, Mrs. Swift and…