Legal Opinion

Deane v. Littlefield

Massachusetts Supreme Judicial Court

Decided October 15, 1822PublishedCited by 1 opinion

This was an appeal from a decree of the judge of probate of this county disallowing the will of one Cyrus Everett, who was an infant over the age of fifteen years, (and this fact was mentioned in the will,) wherein the testator gave to his mother all his ££ estate and property of every description whatsoever.” The will was signed by the testator, and attested and subscribed, in his presence by three credible witnesses.

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This was an appeal from a decree of the judge of probate of this county disallowing the will of one Cyrus Everett, who was an infant over the age of fifteen years, (and this fact was mentioned in the will,) wherein the testator gave to his mother all his ££ estate and property of every description whatsoever.” The will was signed by the testator, and attested and subscribed, in his presence by three credible witnesses. The judge refused to allow this will to be proved, because, as is stated in his decree, he considered it contrary to the usage and practice within the Commonwealth of…

1Opinion of the Court

The opinion of the Court was delivered at this term, by

Parker C. J.

One of the objections to the will is founded upon the St. 1783, c. 24, § 9, which provides, “ that any will in writing which purports a disposition of both real and personal estate, that shall not be attested and subscribed as this act directs, for the devising of lands, tenements and hereditaments, (that is, by three or more credible witnesses,) shall not be allowed and approved as a will of personal estate only.” At the common law, a will which was good to dispose of personal estate, but not for real, might be set up for the…

2Cited by1 opinion

  1. Ervin v. ShawSupreme Court of Iowa · 1922

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