Staigg v. Atkinson
Massachusetts Supreme Judicial Court
Contract for money had and received by the defendant to the plaintiff’s use. The case was submitted to the Superior Court, upon agreed facts, in substance as follows: The plaintiff is the widow of Richard M. Staigg, who died on October 11, 1881, at Boston, in this Commonwealth, where he was then domiciled, leaving a will, which was duly executed, on June 7, 1877, in the State of Rhode Island, where he was then domiciled, which was duly proved and allowed in this…
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Contract for money had and received by the defendant to the plaintiff’s use. The case was submitted to the Superior Court, upon agreed facts, in substance as follows: The plaintiff is the widow of Richard M. Staigg, who died on October 11, 1881, at Boston, in this Commonwealth, where he was then domiciled, leaving a will, which was duly executed, on June 7, 1877, in the State of Rhode Island, where he was then domiciled, which was duly proved and allowed in this Commonwealth, and which contained the folloAving provisions: “ I give, devise, and bequeath unto my executors hereinafter mentioned,…
1Opinion of the CourtHolmes, J.
This is an action brought by a widow to recover one third of the proceeds of land in Minnesota formerly belonging to her husband, and sold without prejudice. The defence is, that she is barred by having accepted the provisions of her husband’s will. The husband made a will while domiciled in Rhode Island, providing for the plaintiff, but not declaring the provision to be in lieu of dower, and then changed his domicil to Massachusetts, where he died. If he had died domiciled in Rhode Island, and the land had been situated there, the provisions of the will would not have prevented the plaintiff…
2Cases cited5 opinions
- Harrison v. NixonSupreme Court of the United States · 1835
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- Shannon v. WhiteMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- Shattuck v. BurrageMassachusetts Supreme Judicial Court · 1918
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Martin v. BatteySupreme Court of Kansas · 1912
- Shelton v. SearsMassachusetts Supreme Judicial Court · 1905
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