Mainini v. Tilton

The petitioner appeals from a final decree entered by a probate judge on an equity petition brought against the petitioner’s mother (the widow), individually and as executrix of the will of her husband, the petitioner’s father, and against the co-executor, seeking the transfer to the petitioner of certain shares of stock which, having been jointly owned by the testator and the widow, were solely owned by her as surviving joint tenant. (1) The decree is erroneous insofar as it authorized the widow thereafter to file a statutory waiver of the will, since G. L. c. 191, § 15 (as amended through…