Loring v. Oakey
Massachusetts Supreme Judicial Court
Petition originally presented to the judge' of probate, representing that Annie S. Newton of the city of New York died on the 1st of August 1863, leaving real and personal estate in Boston; that on or about the 2d of October 1861, being then temporarily in London, in Great Britain, she duly executed her last will, wherein she devised and bequeathed said estate to the petitioner; that said will at the time of her decease was, and still is, in the possession of the respondent,…
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Petition originally presented to the judge' of probate, representing that Annie S. Newton of the city of New York died on the 1st of August 1863, leaving real and personal estate in Boston; that on or about the 2d of October 1861, being then temporarily in London, in Great Britain, she duly executed her last will, wherein she devised and bequeathed said estate to the petitioner; that said will at the time of her decease was, and still is, in the possession of the respondent, of the city of New York, but now commorant of Boston, who was appointed sole executor thereof and presented the same…
1Opinion of the CourtFoster, J.
The question directly before the court is, whether the decree of the judge of probate shall be affirmed or reversed, by which he ordered Mr. Oakey, the appellant, to produce a paper purporting to be the last will and testament of the testatrix, which was by him presented as such to the surrogate’s court in the county of New York, where was the domicil of the testatrix at her decease, and which was there disallowed and probate *269thereof refused. An earlier will was by the surrogate admitted to probate, and Mr. Oakey, who is named executor in both wills, has offered to the probate court of this…
2Cited by4 opinions
- Talbot v. ChamberlainMassachusetts Supreme Judicial Court · 1889
- Knight v. HollingsSupreme Court of New Hampshire · 1906
- Drohan v. AvellarMassachusetts Supreme Judicial Court · 1931
- Jacobs v. Willis' HeirsTennessee Supreme Court · 1922