Legal Opinion

May v. Bradlee

Massachusetts Supreme Judicial Court

Decided September 4, 1879PublishedCited by 31 opinions

Appeal by the executors of the will of Frederick May from a decree of the Probate Court disallowing the will. Trial before Lord, J., who allowed a bill of exceptions in substance as follows: The case was'tried in this court upon the following issues: 1st. Whether the alleged will was duly executed. 2d. Whether Frederick May, at the time of the execution of the will, was of sound and disposing mind and memory. 3d.

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Appeal by the executors of the will of Frederick May from a decree of the Probate Court disallowing the will. Trial before Lord, J., who allowed a bill of exceptions in substance as follows: The case was'tried in this court upon the following issues: 1st. Whether the alleged will was duly executed. 2d. Whether Frederick May, at the time of the execution of the will, was of sound and disposing mind and memory. 3d. Whether he was unduly influenced to make the alleged will. 4th. Whether he ever revoked the same. 5th. Whether he was unduly influenced to revoke the same. 1. The testator was under…

1Opinion of the CourtColt, J.

This was an appeal from a decree of the Probate Court disallowing the will of Frederick May. The case was tried on certain issues framed for the jury; a verdict was rendered *419sustaining the will; and the case comes before us on exceptions taken by the appellees to the admission of evidence.

1. There was no error in admitting as competent evidence the answer of the guardian to the petition of the testator for the removal of the guardian. The alleged revocation of the will, which was effected, as it was claimed, by the act of the testator in erasing his signature to it, took place at the hearing…

2Cases cited5 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Barker v. CominsMassachusetts Supreme Judicial Court · 1872
  3. Nash v. HuntMassachusetts Supreme Judicial Court · 1874
  4. Hastings v. RiderMassachusetts Supreme Judicial Court · 1868
  5. Howe v. RayMassachusetts Supreme Judicial Court · 1873

3Cited by31 opinions

  1. Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
  2. Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
  3. Lane v. MooreMassachusetts Supreme Judicial Court · 1890
  4. Taylor v. CreeleyMassachusetts Supreme Judicial Court · 1926
  5. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880

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