Davenport v. Johnson
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Franklin admitting to probate the will and codicil of Alma J. Davenport of Leyden in this Commonwealth. At the trial before ITnowlton, J., the jury found for the contestants on the issues of fraud and undue influence; and the executor alleged exceptions.
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Appeal from a decree of the Probate Court for the County of Franklin admitting to probate the will and codicil of Alma J. Davenport of Leyden in this Commonwealth. At the trial before ITnowlton, J., the jury found for the contestants on the issues of fraud and undue influence; and the executor alleged exceptions. The testatrix died January 17, 1901. Her will and codicil were dated respectively October 4 and December 4, 1895. Oliver Davenport, husband of the testatrix, died October 12, 1895. By his will he gave $50,000 to his wife. She left an estate valued at about §60,000. Other facts…
1Opinion of the CourtMorton, J.
This is an appeal from the allowance of the will and codicil of one Alma J. Davenport. The case was submitted to a jury on the usual issues, and the jury found against the will and codicil on the issue of fraud and undue influence, and for the will and codicil on the issues relating to soundness of mind and to the understanding and purpose with which the instruments were executed by the testatrix. The case is here on exceptions by the executor to the admission of certain evidence, and to certain rulings and instructions that were given.
The first exception relates to the admission of evidence…
2Cases cited7 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
- Bacon v. BaconMassachusetts Supreme Judicial Court · 1902
- Richardson v. BlyMassachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
- Tarricone v. CummingsMassachusetts Supreme Judicial Court · 1960
- Eddy v. EddyMassachusetts Supreme Judicial Court · 1932
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
- Tarr v. VivianMassachusetts Supreme Judicial Court · 1930
9 more not listed; retrieve them via the Exa API.