Johnson v. Foster
Massachusetts Supreme Judicial Court
Petition in the Probate Court for the county of Suffolk dated March 28, 1913, for the allowance of an alleged will and codicil of Henry A. Wheelwright, late of Boston, who died on March 15, 1913, at the age of eighty-six years. The Probate Court made a decree allowing the will and codicil, from which Caroline B. Foster, who was a cousin of the testator and his sole heir at law and next of kin, appealed to the Supreme Judicial Court.
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Petition in the Probate Court for the county of Suffolk dated March 28, 1913, for the allowance of an alleged will and codicil of Henry A. Wheelwright, late of Boston, who died on March 15, 1913, at the age of eighty-six years. The Probate Court made a decree allowing the will and codicil, from which Caroline B. Foster, who was a cousin of the testator and his sole heir at law and next of kin, appealed to the Supreme Judicial Court. By an order of that court the following issues were framed for a jury and were sent to the Superior Court for trial. “First Issue: Was the alleged will of Henry…
1Opinion of the CourtPierce, J.
The appellant contends that there was error in the admission and exclusion of evidence, in the refusal to rule that the effect of the provision of the codicil is to revoke the devise of land for a public park, and also that the summing up of the evidence by the presiding judge was incorrect, unfair and prejudicial to her side of the case.
To a witness, Miss O’Connell, who had had great opportunities of observation, this question was put: “Taking the time immediately after the death of Mrs. Edward Wheelwright and just before January of 1908 when this codicil was signed, what did you notice in…
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- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
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