Newton v. Seaman's Friend Society
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, admitting to probate a book as part of the will of Alexander De Witt. On February 4, 1879, his will and four codicils were admitted to probate, and William Newton and Charles A. Angelí were appointed executors.
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Appeal from a decree of the Probate Court, admitting to probate a book as part of the will of Alexander De Witt. On February 4, 1879, his will and four codicils were admitted to probate, and William Newton and Charles A. Angelí were appointed executors. On June 3, 1879, they presented a petition to the judge of probate, setting forth that the second clause of the third codicil of the will was as follows: “I revoke that part of my will which gives directions for the payment of my legacies, and order and direct my executors or the survivor of them to pay the several legacies mentioned in my…
1Opinion of the CourtGray, C. J.
If a will, executed and witnessed as required by statute, incorporates in itself by reference any document or paper not so executed and witnessed, whether the paper referred to be in the form of a will or codicil, or of a deed 01 indenture, or of a mere list or memorandum, the paper so referred to, if it was in existence at the time of the execution of the will, and is identified by clear and satisfactory proof as the paper referred to therein, takes effect as part of the will, and should be admitted to probate as such. Allen v. Maddock, 11 Moore P. C. 427. Singleton v. Tomlinson, 3 App. Cas…
2Cases cited2 opinions
- Jackson ex dem. Herrick v. BabcockNew York Supreme Court · 1815
- Musser v. CurryU.S. Circuit Court for the District of Pennsylvania · 1819
3Cited by44 opinions
- In re Estate of SoherCalifornia Supreme Court · 1889
- The Equitable Life Assurance Society of the United States v. Sandra Porter-Englehart, Sandra Porter-EnglehartCourt of Appeals for the First Circuit · 1989
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Hatheway v. SmithSupreme Court of Connecticut · 1907
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