Old Colony Trust Co. v. Bailey
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the county of Middlesex, allowing the will of Martha E. Bailey of Newton. After the proceedings which are stated in the opinion, the following two issues were tried before Braley, J.: (1) “ Was said instrument propounded for probate as the last will and testament of Martha E. Bailey procured to be executed by the undue influence of Frederick W. Webber? ” and (2) “ Was the instrument propounded for probate as the last will and…
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Appeal from a decree of the Probate Court for the county of Middlesex, allowing the will of Martha E. Bailey of Newton. After the proceedings which are stated in the opinion, the following two issues were tried before Braley, J.: (1) “ Was said instrument propounded for probate as the last will and testament of Martha E. Bailey procured to be executed by the undue influence of Frederick W. Webber? ” and (2) “ Was the instrument propounded for probate as the last will and testament of Martha E. Bailey procured to be executed in whole or in part by the undue influence of Frederick W. Webber,…
1Opinion of the CourtKnowlton, C. J.
This is an "appeal from a decree of the Probate Court, allowing the will of Martha E. Bailey, deceased.
After a verdict upon an issue framed for a jury had been set aside as against the evidence, an additional issue was framed, numbered two, which, as afterwards amended and submitted to the jury, was as follows : “ Was the instrument propounded for probate as the last will and testament of Martha E. Bailey procured to be executed in whole or in part by the undue influence of Frederick W. Webber, and if in part, what part?” To this issue the jury subsequently answered, “ Yes, that all the…
2Cases cited14 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
- Morris v. StokesSupreme Court of Georgia · 1857
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Cook v. MosherMassachusetts Supreme Judicial Court · 1922
- Bemis v. ConverseMassachusetts Supreme Judicial Court · 1923
- Conley v. FenelonMassachusetts Supreme Judicial Court · 1929
21 more not listed; retrieve them via the Exa API.