Martin v. Martin
Massachusetts Supreme Judicial Court
Appeal by the heirs at law of John Martin from a decree of the Probate Court, allowing his will, which appointed Joseph Martin the executor, and contained the following clause: “ In consideration of being taken good care of and being well treated during the remainder of my life by my nephew Joseph Martin and his wife, I give, bequeath and devise unto Mary B. Martin, wife of said Joseph Martin, all the estate, both real and personal, of which I shall die possessed, to have…
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Appeal by the heirs at law of John Martin from a decree of the Probate Court, allowing his will, which appointed Joseph Martin the executor, and contained the following clause: “ In consideration of being taken good care of and being well treated during the remainder of my life by my nephew Joseph Martin and his wife, I give, bequeath and devise unto Mary B. Martin, wife of said Joseph Martin, all the estate, both real and personal, of which I shall die possessed, to have and to hold the same to said Mary B. Martin and to her heirs and assigns forever.” The reasons of appeal assigned were,…
1Opinion of the CourtGray, C. J.
This case requires no particular consideration of the question under what circumstances the happening of a condition or contingency, upon which a will declares that it shall take effect, may be a subject of inquiry on the offer of the will for probate; because, in the will before us, the maintenance of the testator for the rest of his life is clearly not intended to be a condition or contingency upon which the validity of the will shall depend, but is mentioned only as the consideration or motive inducing him to make it; and failure of the consideration could not defeat or avoid the will,…
2Cited by8 opinions
- Brennan v. BrennanMassachusetts Supreme Judicial Court · 1904
- Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
- Weinreich v. WeinreichMissouri Court of Appeals · 1885
- Morys v. MorysNebraska Supreme Court · 1932
- Sommerville EstateSupreme Court of Pennsylvania · 1965
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