Legal Opinion

Wimberly v. Jones

Massachusetts Appeals Court

Decided August 8, 1988No. 87-932PublishedCited by 6 opinions

1Opinion of the Court

Ellen P. Dutra (the decedent) died on January 23, 1987. She executed on Sunday, December 21, 1986, a handwritten purported will (the 1986 instmment), at least witnessed by her attorney, Mr. Philip T. Jones, the petitioner for probate of the document. This was the day before the decedent was to undergo (and did undergo) an operation for colon cancer.

The 1986 instrument left all the decedent’s property to Mr. Jones as trustee, in trust to permit her husband, Manuel, to live rent free (and with all expenses paid) in her house in Randolph during his life “so long as he is able to take care of…

2Cases cited4 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
  3. Crowell v. DavisMassachusetts Supreme Judicial Court · 1919
  4. Sheldone v. MarinoMassachusetts Supreme Judicial Court · 1986

3Cited by6 opinions

  1. O'Rourke v. HunterMassachusetts Supreme Judicial Court · 2006
  2. Sher v. DesmondMassachusetts Appeals Court · 2007
  3. Baxter v. GrassoMassachusetts Appeals Court · 2001
  4. Brogan v. BroganMassachusetts Appeals Court · 2003
  5. Hobbs v. CarrollMassachusetts Appeals Court · 1993

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