Jewett v. Turner
Massachusetts Supreme Judicial Court
Appeal, by John B. Turner, executor of the will of William W. Thayer and Henrietta B.' Thayer, widow of William, from a decree of the Probate Court appointing Joseph D. Jewett co-executor with Turner of said will. Hearing before Knowlton, J., who, deeming the questions of law doubtful, reported the case for the consideration of the full court. The facts appear in the opinion.
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Appeal, by John B. Turner, executor of the will of William W. Thayer and Henrietta B.' Thayer, widow of William, from a decree of the Probate Court appointing Joseph D. Jewett co-executor with Turner of said will. Hearing before Knowlton, J., who, deeming the questions of law doubtful, reported the case for the consideration of the full court. The facts appear in the opinion. The case was argued at the bar in September, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtHolmes, J.
Jewett, one of two executors named in the will of Thayer, declined appointment in January, 1897. In February, Turner,' the other executor, filed a petition for probate of the will and for letters testamentary. On March 8, 1897, the will was proved, and letters were granted to Turner. An appeal was taken, and on June 11 the decree of the Probate Court was affirmed. On July 1,1897, Jewett filed a petition asking leave to withdraw his renunciation, and to be appointed executor jointly with Turner. On July 2, Turner filed his bond and took out his letters. On July 29, 1897, the Probate Court made…
2Cited by5 opinions
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