Lyons v. Elston
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 6, 1908, by Mary F. Lyons and Thomas F. ICelley, children of Honora Kelley, who died on November 24, 1908, to set aside a deed of certain real estate in Somerville made on September 24, 1908, by Honora Kelley to the defendant, a sister of the plaintiffs, alleged to have been procured by the undue influence of the defendant; with a prayer for further relief. The case was referred to Stephen H. Tyng, Esquire, as master.
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Bill in equity, filed in the Superior Court on December 6, 1908, by Mary F. Lyons and Thomas F. ICelley, children of Honora Kelley, who died on November 24, 1908, to set aside a deed of certain real estate in Somerville made on September 24, 1908, by Honora Kelley to the defendant, a sister of the plaintiffs, alleged to have been procured by the undue influence of the defendant; with a prayer for further relief. The case was referred to Stephen H. Tyng, Esquire, as master. The findings contained in his report are stated and described in the opinion. The defendant filed five exceptions,…
1Opinion of the CourtRugg, C. J.
This is a suit in equity, in which two children of Honora Kelley, now deceased, seek to set aside her deed of real estate to the defendant, the other of her children. The master finds that the defendant and her sister, the female plaintiff, “ connived together to induce their mother to make a will in their favor to the exclusion of Thomas [her son] and her grandson, and that she was unduly influenced by them, and that although she of her own volition, and with the idea of preventing trouble which might be occasioned if she left another will, suggested a deed instead, was nevertheless affected…
2Cases cited5 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- French v. PetersMassachusetts Supreme Judicial Court · 1901
- Huntress v. HanleyMassachusetts Supreme Judicial Court · 1907
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1910
3Cited by32 opinions
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Foot v. BaumanMassachusetts Supreme Judicial Court · 1955
- USM Corp. v. Marson Fastener Corp.Massachusetts Supreme Judicial Court · 1979
- Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
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