Bunnell v. Hixon
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the County of Worcester on August 17, 1909, by the conservator of the property of John N. Bunnell, for and in the name of said Bunnell who was the husband of Harriet S. Bunnell, who died testate on June 11,1908, and whose will was allowed on June 30, 1908, alleging that the petitioner had waived the provisions of the will of his late wife as permitted by statute, and that there was a balance of the estate of his late wife in the hands…
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Petition, filed in the Probate Court for the County of Worcester on August 17, 1909, by the conservator of the property of John N. Bunnell, for and in the name of said Bunnell who was the husband of Harriet S. Bunnell, who died testate on June 11,1908, and whose will was allowed on June 30, 1908, alleging that the petitioner had waived the provisions of the will of his late wife as permitted by statute, and that there was a balance of the estate of his late wife in the hands of the exedutor of her will, and praying that a partial distribution of such balance might be decreed to be made among…
1Opinion of the CourtBraley, J.
By the common law, unless acting under a power of appointment, a married woman could not make a valid will devising real property, although with her husband’s assent she could make a bequest of her personal estate to strangers. Nolin v. Pearson, 191 Mass. 288, 284. The St. of 1842, c. 74, however, modified the common law, enabling her, if the written consent of her husband was indorsed thereon, to make a testamentary disposition of any property held in her own right, “ provided, that the rights and interests of the husband to and in any such property shall in no way be affected thereby,” but…
2Cases cited5 opinions
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
- Shelton v. SearsMassachusetts Supreme Judicial Court · 1905
- Burroughs v. NuttingMassachusetts Supreme Judicial Court · 1870
- Johnson v. WilliamsMassachusetts Supreme Judicial Court · 1890
3Cited by6 opinions
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- McGrath v. QuinnMassachusetts Supreme Judicial Court · 1914
- Douglas v. NewellWyoming Supreme Court · 1986
- Nickerson v. NickersonMassachusetts Supreme Judicial Court · 1920
- Wing v. DeansMassachusetts Supreme Judicial Court · 1913
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