Knapp v. Meehan

This is an appeal from a decree denying a petition by the husband of the testatrix praying that the executor be ordered to sell certain real estate for the purpose of paying the petitioner his statutory interest in the estate. The husband filed, within six months after the probate of the will, a waiver in writing of the provisions made in it for him. The question to be decided is whether by his conduct prior to and after the filing of the waiver he elected to ratify the will and to accept its provisions for his benefit.

' The trial judge reported the material facts. G. L. (Ter. Ed.) c. 215, §…