Pinkerton v. Sargent
Massachusetts Supreme Judicial Court
Appeal by the executor of the will of Lucius M. Sargent from a decree of the judge of probate, directing him to pay to the administrator it bonis non of the estate of Sarah C. Sargent ten thousand dollars as the share of the personal estate of the testator to which the said Sarah, his widow, became entitled, before her death, by waiving the provisions made for her in his will; heard by the chief justice, and reserved for the determination of the full court, on agreed facts…
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Appeal by the executor of the will of Lucius M. Sargent from a decree of the judge of probate, directing him to pay to the administrator it bonis non of the estate of Sarah C. Sargent ten thousand dollars as the share of the personal estate of the testator to which the said Sarah, his widow, became entitled, before her death, by waiving the provisions made for her in his will; heard by the chief justice, and reserved for the determination of the full court, on agreed facts of which the following is the substance. Lucius M. Sargent died in June 1867; on the 29th day of that month his will was…
1Opinion of the CourtColt, J.
The power of testamentary disposition, which is given to all persons of sound mind and full age, is controlled, to a limited extent, by the privilege which the testator’s widow has of waiving the provisions of the will in her behalf and taking instead her distributive share of his estate. Gen. Sts. c. 92, § 24„ St. 1861, c. 164.
This privilege of waiver is a purely personal right, and its exercise rests in her personal discretion alone. It is not a question of mere pecuniary advantage. The widow’s knowledge of the family arrangement, the wishes of her husband, equitable considerations known…
2Cases cited1 opinion
- Atherton v. CorlissMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- In re Estate of ConnorSupreme Court of Missouri · 1914
- Dolbeare v. BowserMassachusetts Supreme Judicial Court · 1925
- Camardella v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1908
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