Shailer v. Bumstead
Massachusetts Supreme Judicial Court
Appeals by Julius S. Shailer, executor, the Massachusetts Baptist State Convention, and certain heirs at law of Miss Sarah Bumstead, from a decree of the judge of probate, allowing a a will, dated April 7, 1853, and a codicil thereto, dated September 30, 1857, as the last will of Miss Bumstead, who died on March 21,1865, at the age of ninety-one years.
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Appeals by Julius S. Shailer, executor, the Massachusetts Baptist State Convention, and certain heirs at law of Miss Sarah Bumstead, from a decree of the judge of probate, allowing a a will, dated April 7, 1853, and a codicil thereto, dated September 30, 1857, as the last will of Miss Bumstead, who died on March 21,1865, at the age of ninety-one years. Trial at October term 1867, before Wells, J., who reported the case for the revision of the full court in substance as follows : The testatrix made a will on July 3, 1851, disposing of part of her estate, giving the same to the Massachusetts…
1Opinion of the CourtColt, J.
Several questions arising upon the admission and rejection of evidence at the trial are presented by this report. One of the most important, whether we regard its practical consequences, or the apparent, and to some extent real, conflict of authority, relates to the admissibility of the declarations of the testatrix made after the execution of the will. Such declarations-were offered to sustain the allegations of fraud and undue influence, and ignorance of its contents, and were excluded.
That the instrument which contains the testamentary disposition of a competent person, executed freely and…
2Cases cited5 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Hauberger v. RootSupreme Court of Pennsylvania · 1843
- Robinson v. HutchinsonSupreme Court of Vermont · 1853
- Commonwealth v. BattisMassachusetts Supreme Judicial Court · 1804
3Cited by166 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Moore v. United StatesSupreme Court of the United States · 1893
- Alexander v. United StatesSupreme Court of the United States · 1891
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