Worthington v. Klemm
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing an instrument purporting to be the last will of Ann Klemm. Hearing before W. Allen, J., who reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtField, J.
This will was duly executed, and the testatrix was of sound mind. ■ It appears that she had previously executed a will, and, desiring to make some changes in it, gave instructions to Mr. Cobb to make the changes and “ bring the new will to her to be executed.” Mr. Cobb “ drafted the will according to his instructions,” carried it to her, and she signed it “ as her will in the presence of the witnesses,” who all attested it in her presence. “ Mr. Cobb then offered to read it to her, but she declined, saying that he could do so at some other time, and requested him to keep it in his custody,…
2Cited by7 opinions
- Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Dunham v. HolmesMassachusetts Supreme Judicial Court · 1916
- In re the Proof of the Last Will & Testament of HenryNew York Surrogate's Court · 1896
- In re Hall's WillNew York Surrogate's Court · 1893
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