Heath v. Withington
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, approving and allowing an instrument purporting to be the last will and testament of Julia Ann Heath, wife of the appellant. The case was submitted to the court upon an agreed statement of facts.
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This was an appeal from a decree of the judge of probate for this county, approving and allowing an instrument purporting to be the last will and testament of Julia Ann Heath, wife of the appellant. The case was submitted to the court upon an agreed statement of facts. By an indenture of three parts, between the appellant, of the first part, Julia Ann Fobes, of the second part, and the appellee of the third, executed on the 2d of November, 1842, —reciting that a marriage had been agreed upon to be solemnized between the parties of the first and second part, the latter of whom was possessed of…
1Opinion of the CourtMetcalf, J.
In the indenture executed before the marriage of the appellant and his late wife, it was stipulated by the trustee therein named^ that he would, upon her decease, assign, transfer, and pay over, whatever of the trust property should remain in his hands or under his control, to such person or persons as she should in writing appoint to receive the same. She made an appointment in writing, according to the terms of the indenture. And the appointment is not the less valid by reason of its being also under seal and in the form of a last will. 2 Roper on Husb. & Wife, 191, 192.
*500The validity of a…
2Cases cited1 opinion
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
3Cited by9 opinions
- Creek v. LaskiMichigan Supreme Court · 1929
- Miller v. TracyWisconsin Supreme Court · 1893
- Allen v. CostelloMassachusetts Supreme Judicial Court · 1913
- Woods v. GilsonMassachusetts Supreme Judicial Court · 1901
- Pinkerton v. SargentMassachusetts Supreme Judicial Court · 1873
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