Hogan v. Heirs of Roche
Massachusetts Supreme Judicial Court
Appeal from a decree made by Lawton, J., in the Probate Court for the county of Middlesex, disallowing the will of Mary Roche, late of Lowell, on the ground that at the time of making it she was not of sound mind. Petition filed February 25,1898. The case was heard on appeal by Loving, J., who reversed the decree of the Probate Court and admitted the will to probate.
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Appeal from a decree made by Lawton, J., in the Probate Court for the county of Middlesex, disallowing the will of Mary Roche, late of Lowell, on the ground that at the time of making it she was not of sound mind. Petition filed February 25,1898. The case was heard on appeal by Loving, J., who reversed the decree of the Probate Court and admitted the will to probate. The contestants alleged exceptions to the admission of certain evidence which are stated in the opinion of the court. The case was argued at the bar in March, 1901, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtLathrop, J.
The exceptions in this case relate entirely to the admission of evidence. The question before the justice was whether Mary Roche at the time she executed the instrument propounded as her will was of sound mind. As is usual in such cases evidence was put in, as bearing on this question, as to the *512condition of the testatrix both before and after the making of the will.
The first four exceptions may be considered together, as they relate practically to the same question put to four witnesses who testified in support of the will. It was in substance whether he or she, during a time mentioned,…
2Cases cited5 opinions
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. BraymanMassachusetts Supreme Judicial Court · 1884
- Cowles v. MerchantsMassachusetts Supreme Judicial Court · 1886
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1896
- Smith v. SmithMassachusetts Supreme Judicial Court · 1892
3Cited by4 opinions
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- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Robinson v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Bell v. BlackwellCourt of Appeals of Texas · 1925