Hutchings v. Davis
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on December 19, 1918, under It. L. c. 162, § 13, for leave to enter, after the thirty days allowed by It. L. c. 162, §§ 9, 10, had expired, an appeal from the allowance of the will of Rebecca H. Baker, late of Dennis. The petition was heard by Be Courcy, J. The material evidence before him is described in the opinion.
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Petition, filed in the Supreme Judicial Court on December 19, 1918, under It. L. c. 162, § 13, for leave to enter, after the thirty days allowed by It. L. c. 162, §§ 9, 10, had expired, an appeal from the allowance of the will of Rebecca H. Baker, late of Dennis. The petition was heard by Be Courcy, J. The material evidence before him is described in the opinion. The record showed no memorandum of specific findings of fact nor rulings of law, but merely a denial of the petition. The petitioner appealed.
1Opinion of the CourtCrosby, J.
This is an appeal from a decree entered by a justice of this court denying a petition, brought under R. L. c. 162, § 13, for leave to enter an appeal from a decree of the Probate Court for Barnstable County, allowing a certain instrument dated February 18,1916, as the last will and testament of Rebecca H. Baker. The petitioner alleges that the instrument so allowed was not in fact the will of the testatrix, that it was not executed by her while she was of sound mind, and that it was procured by fraud and undue influence. He also alleges that the testatrix left a will duly executed on the…
2Cases cited5 opinions
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