Nutt v. Norton
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, disallowing the will of Lydia F. Wheeler, a petition for its allowance having been filed by William Nutt, as administrator with the will annexed.
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Appeal from a decree of the Probate Court, disallowing the will of Lydia F. Wheeler, a petition for its allowance having been filed by William Nutt, as administrator with the will annexed. The case was heard by Field, J., and reported for the consideration of the full court, in substance as follows: On March 7, 1883, the day of making the will, Lydia F. Wheeler was the widow of Joseph W. Wheeler and the mother of three children^ then and now living, of whom said Joseph was the father. Said Lydia and Willard A. Norton were married on March 8, 1883, and thereafter, until her death, lived…
1Opinion of the CourtMorton, C. J.
It was decided in Swan v. Hammond, 138 Mass. 45, that a will of a woman was revoked by her subsequent marriage. See also Blodgett v. Moore, 141 Mass. 75. In the case before us, after the will offered for probate was executed, the testatrix married, and had a child born of the marriage who survived her.
Upon these facts, a revocation of the will is implied by law, and this implication cannot be rebutted by paroi evidence that the parties did not know the rule of law, or that they did not intend that the subsequent marriage and birth of a child should operate as a revocation. Marston v. Roe, 8…
2Cases cited2 opinions
- Swan v. HammondMassachusetts Supreme Judicial Court · 1884
- Blodgett v. MooreMassachusetts Supreme Judicial Court · 1886
3Cited by6 opinions
- Baacke v. BaackeNebraska Supreme Court · 1896
- Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
- Hertrais v. MooreMassachusetts Supreme Judicial Court · 1949
- Caswell v. KentSupreme Judicial Court of Maine · 1962
- Morris v. FosterCourt of Appeals for the D.C. Circuit · 1922
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