Smith v. Haynes
Massachusetts Supreme Judicial Court
Appeal by Lucy A. Haynes from a decree of the Probate Court, allowing the first and final account of the executors of the will of Hainan Smith. The executors moved to dismiss the appeal on the ground that the appellant was not interested in the account.
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Appeal by Lucy A. Haynes from a decree of the Probate Court, allowing the first and final account of the executors of the will of Hainan Smith. The executors moved to dismiss the appeal on the ground that the appellant was not interested in the account. At the hearing, before Morton, J., it appeared that Haman Smith left a will and codicil; that the material parts of the will were as follows : “ I give, bequeath and devise to my three sons, Asa Dexter Smith, George Smith and Benjamin Smith, all my lands and buildings which I am possessed of at the time of my decease, wherever the same may be…
1Opinion of the CourtWells, J.
The motion to dismiss the appeal must be overruled. The appellant is the issue of a deceased child of the testator ; and if not entitled to the same share of his estate as if he had died intestate, on the ground of his omission to provide for her in his will, she is at least entitled to a distributive share of all undevised estate. That interest gives her the right to appeal from a decree allowing the account of administration rendered by the executor.
The devise of the residue to the three sons of the testator, “ to be equally divided between them,” gave to each one undivided third part only.…
2Cited by7 opinions
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- Pierce v. GouldMassachusetts Supreme Judicial Court · 1887
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