Ogden v. Greenleaf
Massachusetts Supreme Judicial Court
Appeal by E. P. Greenleaf from a decree of the Probate Court, admitting to probate certain paper writings, purporting to be the last will and testament of Eliza Appleton and two codicils thereto.
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Appeal by E. P. Greenleaf from a decree of the Probate Court, admitting to probate certain paper writings, purporting to be the last will and testament of Eliza Appleton and two codicils thereto. The case was tried in this court, before Grardner, J., on issues framed for the jury in regard to each of the papers, those relating to the second codicil being as follows : “ 7. Was the instrument which is offered for probate as a second codicil' to the will of the said Eliza Appleton, and dated May 19,1885, duly executed by her as and for a second codicil to her last will, and duly attested and…
1Opinion of the CourtDeyens, J.
After withdrawing any opposition to the will and first codicil', the appellant moved to have the issue as to the alleged influence of the petitioner amended by adding the words “ or any part thereof ” to the inquiry whether the testatrix was “ induced by the fraud or undue influence of William M. Ogden to execute said second codicil.” This motion was refused. No exception to this refusal can be sustained. If such refusal was erroneous, any remedy that exists is by appeal only. Davis v. Davis, 123 Mass. 590, 594. Dorr v. Tremont Bank, 128 Mass. 349, 356. This proposed amendment to the issue is…
2Cases cited2 opinions
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Davis v. DavisMassachusetts Supreme Judicial Court · 1878
3Cited by8 opinions
- Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
- Tarricone v. CummingsMassachusetts Supreme Judicial Court · 1960
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
- Davenport v. JohnsonMassachusetts Supreme Judicial Court · 1902
- Craig v. WesterhoffNebraska Supreme Court · 1928
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