Marshall v. Mason
Massachusetts Supreme Judicial Court
Appeal, from a decree of the Judge of Probate, allowing an instrument as the will of Mary Caroline Mason and disallowing two later instruments, each of which the witnesses signed first in the presence of the testatrix, she signing immediately afterwards in their presence. Hearing before Barker, J., who reported the case for the determination of the full court.
1Opinion of the CourtHolmes, C. J.
The only question with which we need to deal upon this report is whether an instrument is duly executed *217as a will under our statutes if the witnesses sign first in the presence of the testator and the testator signs immediately afterwards in their presence, the whole transaction being as completely one as it can be with that order of events. The question has been answered so fully by Mr. Justice Gray in delivering the judgment of this court in Chase v. Kittredge, 11 Allen, 49, 56, 68, 64, that we think discussion unnecessary. “ The manifest intention of the statute is that, 1st, the will…
2Cases cited4 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Brooks v. WoodsonSupreme Court of Georgia · 1891
- Mendell v. DunbarMassachusetts Supreme Judicial Court · 1897
3Cited by5 opinions
- Lacey v. DobbsSupreme Court of New Jersey · 1901
- Curran v. BartowMichigan Supreme Court · 1910
- Smith v. RyanSupreme Court of Iowa · 1907
- Lane v. LaneSupreme Court of Georgia · 1906
- Barnes v. ChaseMassachusetts Supreme Judicial Court · 1911