In re O'Brion
Supreme Judicial Court of Maine
On exceptions. A document purporting to be the will of Hannah O’Brion, dated in 1916, was disallowed by the presiding Justice in the Supreme Court of Probate, on the ground of undue influence.
Read the full summary
On exceptions. A document purporting to be the will of Hannah O’Brion, dated in 1916, was disallowed by the presiding Justice in the Supreme Court of Probate, on the ground of undue influence. Testatrix had made an earlier will in 1912, and a codicil thereto in 1914, both of which were in existence at the time of her decease, which were brought forward after the disallowance of the will made in 1916, as her will, and both were allowed by the Justice presiding in the Supreme Court of Probate, to which ruling contestant excepted. Case is fully stated in the opinion.
1Opinion of the CourtDunn, J.
An instrument legally executed as and for a will shall stand until the maker make another valid will, or he make a lawful codicil or writing, or he otherwise effectually revoke it by an intentional burning, cancellation, tearing or destruction, performed either personally or by a proxy acting under his direction in his presence. So is the statute with regard to the express revocation of a will. R. S., Chap. 79, Sec. 3.
When Mrs. O’Brion of Portland died a document purporting to be her will was filed for proof and establishment. Notwithstanding it apparently conformed with scrupulous care to…
2Cases cited8 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Eastis v. MontgomerySupreme Court of Alabama · 1890
- Henry v. HallSupreme Court of Alabama · 1894
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
- Sumner v. . StatonSupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Estate of LauraSupreme Court of New Hampshire · 1997
- In Re Estate of MarshNebraska Supreme Court · 1984