Taylor v. Whittier
Massachusetts Supreme Judicial Court
Petition, filed in the-Probate Court for the county of Middle-sex on January 22, 1921, for the allowance of an instrument alleged to be the will of George H. Caldwell, late of Newton. In the Probate Court, the petition was heard by Leggat, J., a commissioner having been appointed to take the testimony. Material evidence, rulings by the judge and exceptions by the contestants, are described in the opinion.
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Petition, filed in the-Probate Court for the county of Middle-sex on January 22, 1921, for the allowance of an instrument alleged to be the will of George H. Caldwell, late of Newton. In the Probate Court, the petition was heard by Leggat, J., a commissioner having been appointed to take the testimony. Material evidence, rulings by the judge and exceptions by the contestants, are described in the opinion. By order of the judge, a decree was entered which contained a ruling “that the contestants had not made out a case which would entitle them to appear” and allowed the will. The contestants…
1Opinion of the CourtDeCourcy, J.
This is an appeal from a decree of the Probate Court allowing the will of George H. Caldwell, wherein the court ruled that on the evidence the appellants were not entitled to appear as persons interested in the estate of the testator. They based their right to object to the probate of the will on the ground that Natalie Elva Caldwell, referred to by said Caldwell in his will as his daughter, was not in fact said testator’s child, in which event they would be his next of kin. After a ruling that the contestants had no standing before the court until they should overthrow the presumption that…
2Cases cited7 opinions
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- Hallwood Cash Register Co. v. ProutyMassachusetts Supreme Judicial Court · 1907
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- Inhabitants of Canton v. BentleyMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Abington v. Inhabitants of DuxburyMassachusetts Supreme Judicial Court · 1870
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3Cited by26 opinions
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- Sayles v. SaylesMassachusetts Supreme Judicial Court · 1948
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