Pickens v. Davis
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the will of Mary Davis. Hearing at May term 1881, before Morton, J., who reported the case for the consideration of the full court. The facts appear in the opinion. The ease was argued at the bar in October 1882, and was afterwards submitted on briefs to all the judges.
1Opinion of the CourtC. Aleen, J.
The two questions in this ease are, first, whether the cancellation of a will, which was duly executed, and which contained a clause expressly revoking former wills, has the effect, as matter of law, to revive a former will which has not been destroyed, or whether in each instance it is to be regarded as a question of intention, to be collected from all the circumstances of the case; and secondly, if it is to be regarded as a question of intention, whether subsequent oral declarations of the testator are admissible in evidence for the purpose of showing what his intention was. These are open…
2Cases cited15 opinions
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Patterson v. HickeySupreme Court of Georgia · 1861
- In re WillSupreme Court of Connecticut · 1873
- Lawyer v. SmithMichigan Supreme Court · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Williams v. MilesNebraska Supreme Court · 1903
- Luis v. MuhrbackOregon Supreme Court · 1907
36 more not listed; retrieve them via the Exa API.