Wright v. Macomber
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the comity of Bristol on March 28, 1919, and afterwards amended, for the revocation of a decree of that court entered on August 2, 1907, allowing the will of Frederick W. Renwick, late of New Bedford. The respondent, the executor appointed by the decree sought to be revoked, pleaded in bar that the decision in Renwick v. Macomber, 233 Mass. 530, was res judicata, and precluded the petitioner from maintaining this .petition.
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Petition, filed in the Probate Court for the comity of Bristol on March 28, 1919, and afterwards amended, for the revocation of a decree of that court entered on August 2, 1907, allowing the will of Frederick W. Renwick, late of New Bedford. The respondent, the executor appointed by the decree sought to be revoked, pleaded in bar that the decision in Renwick v. Macomber, 233 Mass. 530, was res judicata, and precluded the petitioner from maintaining this .petition. The petition was heard in the Probate Court by Alger, J., and was denied. On appeal to the Supreme Judicial Court the petition was…
1Opinion of the CourtCarroll, J.
This is a petition to revoke a decree of the Probate Court for the county of Bristol of August 2, 1907, allowing the alleged will of Frederick W. Renwick who died in New Bed-ford June 12, 1907, where the will was executed in June, 1906.. J'he master found that the testator lived in New Bedford from 1902 till his death, but was of insufficient mental capacity to decide upon a change of domicil. While he lived in New Bed-ford, he received an income of about $8,000 a year from a trust administered in New York; and the inventory of his estate-showed that he had an account of $6,599.93 in one of…
2Cases cited10 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Zeitlin v. ZeitlinMassachusetts Supreme Judicial Court · 1909
- Renwick v. MacomberMassachusetts Supreme Judicial Court · 1919
- Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1929
- In Re Sherrill's EstateArizona Supreme Court · 1962
- Conway v. KenneyMassachusetts Supreme Judicial Court · 1930
- Parsekian v. OynoianMassachusetts Supreme Judicial Court · 1938
- Burgess v. BurgessMassachusetts Supreme Judicial Court · 1926
9 more not listed; retrieve them via the Exa API.