Legal Opinion

Boston Safe Deposit & Trust Co. v. Bacon

Massachusetts Supreme Judicial Court

Decided March 5, 1918PublishedCited by 11 opinions

Appeal from a decree of the Probate Court for the county of Norfolk, allowing the will of Elisabeth Miller French, late of Brookline, who died on January 21, 1916, in which will the petitioner, the Boston Safe Deposit and Trust Company, a corporation, was named as executor. The issues sent for trial to the Superior Court are described in the opinion.

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Appeal from a decree of the Probate Court for the county of Norfolk, allowing the will of Elisabeth Miller French, late of Brookline, who died on January 21, 1916, in which will the petitioner, the Boston Safe Deposit and Trust Company, a corporation, was named as executor. The issues sent for trial to the Superior Court are described in the opinion. Those issues were tried before McLaughlin, J. The evidence relating to the competency of the attesting witnesses is described in the opinion. Mrs. Bowen, a cousin of the testatrix, testified that William Reed Holbrook, mentioned in the opinion,…

1Opinion of the CourtPierce, J.

This is a probate appeal from the allowance of the will of Elisabeth Miller French, who died on January 21, 1916. Issues for the jury, as framed by a single justice of this court, were in regard to the execution of the will, the soundness of mind and memory of the testatrix, and the undue influence of certain persons named. In answer to the issues the jury found that the instrument propounded for probate was executed according to law, that the testatrix was of sound and disposing mind and memory, and that the instrument was not procured by or with the undue influence of the persons named or…

2Cases cited13 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
  3. Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
  4. Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
  5. In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906

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3Cited by11 opinions

  1. Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
  2. Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
  3. Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
  4. Waddy v. GrimesSupreme Court of Virginia · 1930
  5. Coghlan v. WhiteMassachusetts Supreme Judicial Court · 1920

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