Legal Opinion

Eaton v. Eaton

Massachusetts Supreme Judicial Court

Decided June 30, 1919PublishedCited by 81 opinions

Bill in equity, filed in the Supreme Judicial Court on November 13, 1917, by those named as executors in the will of Charles S. Eaton, late of Marblehead, which will had been filed for probate but proof of which was being contested by the testator’s widow, the defendant, to enjoin the defendant from prosecuting such contest and a petition for a widow’s allowance and to compel her specifically to perform the antenuptial agreement between herself and the testator, described in…

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Bill in equity, filed in the Supreme Judicial Court on November 13, 1917, by those named as executors in the will of Charles S. Eaton, late of Marblehead, which will had been filed for probate but proof of which was being contested by the testator’s widow, the defendant, to enjoin the defendant from prosecuting such contest and a petition for a widow’s allowance and to compel her specifically to perform the antenuptial agreement between herself and the testator, described in the opinion. Proceedings as to a demurrer of the defendant and the effect of a waiver by the defendant of an appeal…

1Opinion of the CourtRugg, C. J.

This suit in equity is brought by the persons named as executors in an instrument purporting to be the last will of Charles S. Eaton, late of Marblehead, who died in October, 1917, to enjoin the defendant, his widow, from contesting the allowance of the instrument as such last will and from petitioning for a widow’s allowance, and to compel her to perform specifically the terms of a certain antenuptial agreement executed between her and the deceased a day or two before their marriage in 1909.

The defendant filed a demurrer, for want of equity amongst other causes, and appealed from an…

2Cases cited24 opinions

  1. Kelley v. SnowMassachusetts Supreme Judicial Court · 1904
  2. Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
  3. Warfield v. AdamsMassachusetts Supreme Judicial Court · 1913
  4. Bar Ass'n v. CaseyMassachusetts Supreme Judicial Court · 1917
  5. Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907

19 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
  3. Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
  4. Paige v. SinclairMassachusetts Supreme Judicial Court · 1921
  5. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921

76 more not listed; retrieve them via the Exa API.

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