Stickney v. Hammond
Massachusetts Supreme Judicial Court
Appeal by Mary L. Hammond from a decree of the Probate Court admitting to probate a certain paper writing, dated June 14, 1877, purporting to be the last will and testament of Andrew W. Hammond, as and for such will and testament.
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Appeal by Mary L. Hammond from a decree of the Probate Court admitting to probate a certain paper writing, dated June 14, 1877, purporting to be the last will and testament of Andrew W. Hammond, as and for such will and testament. Hearing before Morton, C. J., who allowed a bill of exceptions, in substance as follows: It appeared in evidence, and upon the admissions of the parties, that Andrew W. Hammond died in January, 1879, leaving several paper writings purporting to be wills, in all of which Elizabeth W. H. Stickney was named as executrix or co-executrix ; that she presented the latest…
1Opinion of the CourtDevens, J.
It has heretofore been held that an instrument purporting to be a will, with a clause of revocation of former wills, cannot be offered in evidence as a revocation only, without a probate thereof. Reid v. Borland, 14 Mass. 208. Laugh-ton v. Atkins, 1 Pick. 535. Wallis v. Wallis, 114 Mass. 510. And for this substantial reason, that it must be inferred that the testator intended to revoke former wills for the purpose of giving effect to the new disposition of his property which he has substituted for that in his former wills, and if, for want of proper execution of the subsequent will, its…
2Cases cited2 opinions
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1874
- Reid v. BorlandMassachusetts Supreme Judicial Court · 1817
3Cited by13 opinions
- Second Church of Christ, Scientist, of New York City v. KaufmanCalifornia Supreme Court · 1945
- Sanderson v. NorcrossMassachusetts Supreme Judicial Court · 1922
- Crosby v. Alton Ochsner Medical FoundationMississippi Supreme Court · 1973
- In Re Estate of ThompsonCalifornia Supreme Court · 1921
- Giles v. GilesMassachusetts Supreme Judicial Court · 1910
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