Robson v. Lyford
Massachusetts Supreme Judicial Court
Contract by an administrator with the will annexed of the estate of Elizabeth T. Porter, alleged to have been the widow of Sherman D. Porter, against the executor of the will of Sherman D. Porter, to recover the amount of the legacies bequeathed to the plaintiff’s testatrix by the will of the defendant’s testator. Writ dated September 19, 1914. The clause of the will of Sherman D. Porter under which the legacies were claimed was as follows: “First.
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Contract by an administrator with the will annexed of the estate of Elizabeth T. Porter, alleged to have been the widow of Sherman D. Porter, against the executor of the will of Sherman D. Porter, to recover the amount of the legacies bequeathed to the plaintiff’s testatrix by the will of the defendant’s testator. Writ dated September 19, 1914. The clause of the will of Sherman D. Porter under which the legacies were claimed was as follows: “First. To my wife, Elizabeth T. Porter, I give and bequeath the sum of Fifty Thousand ($50,000) Dollars, also all my household furniture, furnishings,…
1Opinion of the CourtPierce, J.
This is an action of contract brought under R. L. c. 141, § 19, by the administrator de bonis non cum testamento annexa of the estate of Elizabeth T. Porter against the executor of the will of Sherman D. Porter, to recover a pecuniary legacy of $50,000 and a specific legacy of personal property of the agreed value of $2,238.75.
The sole question of fact in the case is, Did Mrs. Porter survive Mr. Porter? The presiding judge submitted this question of fact to the jury against the defendant’s request for a ruling that a verdict should be ordered for the defendant.
The case is brought before this…
2Cited by6 opinions
- Smith v. SmithMassachusetts Supreme Judicial Court · 1972
- Noller v. Aetna Life InsuranceSupreme Court of Kansas · 1935
- Estate of RowleyCalifornia Court of Appeal · 1967
- Schaefer v. HolmesMassachusetts Supreme Judicial Court · 1931
- Sweeney's EstateSuperior Court of Pennsylvania · 1922
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