Inhabitants of Dublin v. Chadbourn
Massachusetts Supreme Judicial Court
This was entry sur disseisin, and was submitted to the detei mi-nation of the Court upon a case agreed by the parties. Edward Sprague, late of Dublin, in the state of New Hampshire, deceased, was seised of the demanded premises in fee, and by his last will devised the same to his wife for life, with remainder to the demandants, “ for the use of * schooling [ * 434 ] in said Dublin.”
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This was entry sur disseisin, and was submitted to the detei mi-nation of the Court upon a case agreed by the parties. Edward Sprague, late of Dublin, in the state of New Hampshire, deceased, was seised of the demanded premises in fee, and by his last will devised the same to his wife for life, with remainder to the demandants, “ for the use of * schooling [ * 434 ] in said Dublin.” The said will was duly proved in the Probate Court in the county of Hillsborough in the state of New Hampshire, and the decree of the judge being appealed from by one of the heirs of the said Edward, the same was…
1Opinion of the Court
* Jackson, J.(3). By our laws, the probate of a will is conclusive with regard to lands devised, in the same manner as it is with regard to chattels. If, therefore, this will had been originally proved and allowed in a probate court in this commonwealth, its validity could not afterwards have been questioned in a suit at law between the heir and devisee.
When a will is originally proved and allowed in any other state or country, according to the laws of such country, the filing and recording of a copy in our Probate Court, in the manner prescribed by the statute, is of the same force and…
2Cited by26 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Hogarth-Swann v. WeedMassachusetts Supreme Judicial Court · 1931
- Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913
- Castro v. RichardsonCalifornia Supreme Court · 1861
- Blacksher Co. v. NorthrupSupreme Court of Alabama · 1911
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