Legal Opinion

Wallis v. Wallis

Massachusetts Supreme Judicial Court

Decided January 15, 1874PublishedCited by 24 opinions

Appeal from a decree of the Probate Court for the county of Middlesex, allowing a certain instrument as the last will and testament of Maria Wallis, of Everett, who was the mother of the appellant and of the appellee.

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Appeal from a decree of the Probate Court for the county of Middlesex, allowing a certain instrument as the last will and testament of Maria Wallis, of Everett, who was the mother of the appellant and of the appellee. Upon a hearing before Endicott, J., in respect to the issues to be submitted to a jury, certain issues were agreed upon, and the appellant George F. A. Wallis submitted that he had evidence which he should offer showing that “ after the execution and publication of the instrument propounded for probate as the last will of the deceased, she revoked it by another instrument in…

1Opinion of the CourtGray, C. J.

By our law, no will can be revoked by any subsequent instrument, other than a “ will, codicil or writing, signed, attested and subscribed in the manner provided for making a will.” Gen. Sts. c. 92, § 11. And when an instrument of revocation is in existence and capable of being propounded for probate, its validity should be tried by a direct proceeding instituted for the purpose in the Probate Court. Laughton v. Atkins, 1 Pick. 535. The first issue should not therefore be submitted to the jury, in the form suggested by the contestants, upon this appeal from the probate of the will alleged to…

2Cases cited1 opinion

  1. Nelson v. McGiffertNew York Court of Chancery · 1848

3Cited by24 opinions

  1. Estate of PattersonCalifornia Supreme Court · 1909
  2. Luis v. MuhrbackOregon Supreme Court · 1907
  3. Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
  4. Dudley v. GatesMichigan Supreme Court · 1900
  5. Sanderson v. NorcrossMassachusetts Supreme Judicial Court · 1922

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