Legal Opinion

Jones v. Tebbetts

Supreme Judicial Court of Maine

Decided July 1, 1870PublishedCited by 2 opinions

On facts agreed. Appeal from a decree of the judge of the probate for this county, admitting to probate a certain instrument dated Jan. 26th, 1867, purporting to be the last will and testament of one Susan Jones, deceased, in which Simon Tebbetts is therein named as executor and legatee of one-fourth part of the estate of the deceased.

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On facts agreed. Appeal from a decree of the judge of the probate for this county, admitting to probate a certain instrument dated Jan. 26th, 1867, purporting to be the last will and testament of one Susan Jones, deceased, in which Simon Tebbetts is therein named as executor and legatee of one-fourth part of the estate of the deceased. It was agreed that Simon Tebbetts was a brother of the deceased, that two of three subscribing witnesses to the will were the children of Simon Tebbetts, and that one of them was a minor of the age of twenty years. If either of these witnesses was an…

1Opinion of the CourtAppt.eton, C. J.

By R. S., 1857, c. 74, § 1, “ a person of sound mind, and of the age of twenty-one years, may dispose of his real and personal estate by will, in writing, signed by him, or by some person for him, and at his request, and in his presence, and subscribed in his presence by three disinterested and credible attesting witnesses.”

By an act approved April 4, 1859, c. 120, the above section was amended so that it reads as follows: “ a person of sound mind and of the age of twenty-one years, may dispose of his real and personal estate by will, in writing, signed by him, or by some person for him, and…

2Cited by2 opinions

  1. Lord v. LordSupreme Court of New Hampshire · 1876
  2. In re the Estate of TannenbaumNew York Surrogate's Court · 1935

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