Smith v. Chaney
Supreme Judicial Court of Maine
Agreed Statement. By agreement of the parties this case was submitted to the law court upon the following agreed statement of facts: “Samuel N. Young, the alleged testator,, died May 2d, 1898, in Berwick, York county, leaving surviving a son, a brother and Carrie E. Chaney, a niece, one of the residuary legatees under the instrument purporting to be said Young’s last will, and the appellants who are nephews and nieces of said Young.
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Agreed Statement. By agreement of the parties this case was submitted to the law court upon the following agreed statement of facts: “Samuel N. Young, the alleged testator,, died May 2d, 1898, in Berwick, York county, leaving surviving a son, a brother and Carrie E. Chaney, a niece, one of the residuary legatees under the instrument purporting to be said Young’s last will, and the appellants who are nephews and nieces of said Young. “June 7th, 1895, said Young made what purports to be a will, now in existence, in which the appellants, Albert Smith, and Sarah E. Smith, are residuary devisees…
1Opinion of the CourtEmery, J.
Samuel N. Young died May 2, 1898, leaving in existence behind him two instruments in writing, each purporting to be duly executed by him as his last will and testament. In the *218' earlier instrument dated June 7,1895, the appellants Albert Smith and Sarah E. Smith were named as residuary legatees. This instrument has not yet been presented for probate. The later instrument dated March 27, 1898, was presented for probate and was allowed as the last will of the deceased by probate decree in August 1898. Albert and Sarah E. Smith claimed an appeal, which appeal the executors under the later…
2Cases cited1 opinion
- Buckingham's Appeal from ProbateSupreme Court of Connecticut · 1889
3Cited by5 opinions
- Kennedy v. WalcuttOhio Supreme Court · 1928
- Strong v. SmithOregon Supreme Court · 1922
- In Re the Will of BelvinSupreme Court of North Carolina · 1964
- Estate of Knazek v. PatrasAppellate Court of Illinois · 1954
- In Re FixicoSupreme Court of Oklahoma · 1918