Legal Opinion

Morrissey v. Mulhern

Massachusetts Supreme Judicial Court

Decided May 21, 1897PublishedCited by 10 opinions

Contract, upon an account annexed, for the expenses of the funeral of Catherine J. Morrissey, the defendant’s testatrix.

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Contract, upon an account annexed, for the expenses of the funeral of Catherine J. Morrissey, the defendant’s testatrix. Writ dated January 18, 1896. At the trial in the Superior Court, before Lilley, J., there was evidence tending to show that Catherine J. Morrissey, who was the wife of the plaintiff, died on October 14, 1893; that she had been living apart from him for two weeks previous to her death; that she made her will on October 2,1893, while living apart from him, in which, after providing for the payment of her debts and funeral expenses, she left her husband what he would be…

1Opinion of the CourtField, C. J.

We cannot distinguish this case from Constantinides v. Walsh, 146 Mass. 281.

Exceptions overruled.

2Cases cited1 opinion

  1. Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888

3Cited by10 opinions

  1. Magrath v. SheehanMassachusetts Supreme Judicial Court · 1936
  2. Schneider v. Estate of BreierWisconsin Supreme Court · 1906
  3. Gustin ex rel. Atwood v. BrydenAppellate Court of Illinois · 1917
  4. Hayes v. GillMassachusetts Supreme Judicial Court · 1917
  5. Green v. HortonMassachusetts Supreme Judicial Court · 1950

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