Hayes v. Moulton
Massachusetts Supreme Judicial Court
Appeal by Lizzie A. Hayes, named as executrix, from a decree of the Probate Court for the county of Worcester refusing to allow for probate an instrument purporting to be the last will of Susan H. West.
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Appeal by Lizzie A. Hayes, named as executrix, from a decree of the Probate Court for the county of Worcester refusing to allow for probate an instrument purporting to be the last will of Susan H. West. A single justice of this court sent the case to the Superior Court for trial upon the following issues: 1. Was the instrument purporting to be the last will of Susan H. West duly executed according to law? 2. Was Susan H. West of sound and disposing mind and memory at the time of the execution of the alleged will? 3. Was the alleged will procured to be made through the fraud or undue influence…
1Opinion of the CourtSheldon, J.
The questions argued in this case arise upon the refusal of the judge to give certain instructions that were specifically asked for by the respondents. There was doubtless a great body of evidence which called for serious consideration by the jury upon the question whether Mrs. West’s will was procured through the fraud or undue influence of Mrs. Hayes, the only beneficiary thereof; but if this question was answered wrongly by the verdict, the respondents’ only redress is by application to the judge for a new trial for that reason. Aiken v. *164Holyoke Street Railway, 180 Mass. 8. As. was said by…
2Cases cited8 opinions
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Davenport v. JohnsonMassachusetts Supreme Judicial Court · 1902
- Dexter v. CodmanMassachusetts Supreme Judicial Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Salter v. LeventhalMassachusetts Supreme Judicial Court · 1958
- Tarricone v. CummingsMassachusetts Supreme Judicial Court · 1960
- Cahalane v. PoustMassachusetts Supreme Judicial Court · 1956
14 more not listed; retrieve them via the Exa API.