Swan v. Sayles
Massachusetts Supreme Judicial Court
Appeal, by Lillian H. Sayles, the widow, and Helen Royal, one of the heirs at law of Albert W. Sayles, from a decree of the Probate Court admitting to probate two instruments purporting to be the last will and testament and the codicil thereto of the said Albert W. Sayles. The case was heard by Barker, J., who entered a decree affirming the decree of the Probate Court, and, at the request of the appellants, reported the case for the determination of the full court.
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Appeal, by Lillian H. Sayles, the widow, and Helen Royal, one of the heirs at law of Albert W. Sayles, from a decree of the Probate Court admitting to probate two instruments purporting to be the last will and testament and the codicil thereto of the said Albert W. Sayles. The case was heard by Barker, J., who entered a decree affirming the decree of the Probate Court, and, at the request of the appellants, reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
Albert W. Sayles died on October 9,1894, leaving a will duly executed on April 29, 1891, and a codicil duly executed on February 27,1892. He was married to Lillian H. Sayles on March 10, 1892, and she survives him as his widow. No issue was born of this marriage. It does not appear from the will or codicil that either was made in contemplation of the marriage. The question is whether these instruments were revoked by the marriage, in consequence of St. 1892, c. 118. The rule of law on this subject before this statute took effect is stated in Swan v. Hammond, 138 Mass. 45. The statute took…
2Cases cited7 opinions
- In re the Will of TullerIllinois Supreme Court · 1875
- Swan v. HammondMassachusetts Supreme Judicial Court · 1884
- Goodsell's Appeal from ProbateSupreme Court of Connecticut · 1887
- Shallow v. City of SalemMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1889
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3Cited by6 opinions
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- Large v. DierckenCalifornia Supreme Court · 1926
- Walkden's CaseMassachusetts Supreme Judicial Court · 1921
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Rockland Trust Co. v. BixbyMassachusetts Supreme Judicial Court · 1924
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