Stockbridge
Massachusetts Supreme Judicial Court
Petition to the judge of probate, by the three children of David H. Stockbridge, one of said children being a minor, alleging that said David H. was named as a legatee under the will of Elam Stockbridge, whose will had been duly proved and allowed ; that David H. died before said Elam; that the legacy, amounting to $1521.60, had, by a decree of the Probate Court, been ordered to be deposited in the Springfield Institution for Savings; and that the petitioners were entitled…
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Petition to the judge of probate, by the three children of David H. Stockbridge, one of said children being a minor, alleging that said David H. was named as a legatee under the will of Elam Stockbridge, whose will had been duly proved and allowed ; that David H. died before said Elam; that the legacy, amounting to $1521.60, had, by a decree of the Probate Court, been ordered to be deposited in the Springfield Institution for Savings; and that the petitioners were entitled to the same. The judge of probate dismissed the petition; and the petitioners appealed to this court. The case was heard…
1Opinion of the CourtC. Allen, J.
Assuming that the statements contained in the deposition were true, they are sufficient, in the absence of anything to the contrary, to raise a presumption of fact that David H. Stockbridge died before the testator. The rule is carefully stated in Loring v. Steineman, 1 Met. 204, 211, by Chief Justice Shaw: “ Upon a person’s leaving his usual home and place of residence for temporary purposes of business or pleasure, and not being heard of, or known to be living, for the term of seven years, the presumption of life then ceases, and that of his death arises. But this presumption may be…
2Cases cited2 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Bowditch v. JordanMassachusetts Supreme Judicial Court · 1881
3Cited by17 opinions
- Schneller v. SchnellerIllinois Supreme Court · 1934
- Rudolph v. RudolphIllinois Supreme Court · 1904
- Galloupe v. BlakeMassachusetts Supreme Judicial Court · 1924
- Howland v. SladeMassachusetts Supreme Judicial Court · 1892
- Strong v. SmithMichigan Supreme Court · 1891
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