Sumner v. Crane
Massachusetts Supreme Judicial Court
Appeal by Edward Sumner from a decree of the judge of probate for Norfolk County, admitting to probate certain instruments purporting to be the last will and a codicil thereto of Sallie Richards Sumner, in which Samuel Crane was named as executor. The case was tried in this court, before Holmes, J., who affirmed the decree, and reported the case for the determination of the full court as follows.
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Appeal by Edward Sumner from a decree of the judge of probate for Norfolk County, admitting to probate certain instruments purporting to be the last will and a codicil thereto of Sallie Richards Sumner, in which Samuel Crane was named as executor. The case was tried in this court, before Holmes, J., who affirmed the decree, and reported the case for the determination of the full court as follows. The appellant offered to prove that the testatrix had made an oral contract with her sisters to devise and bequeath the property covered by the will and codicil primarily to such sisters, and…
1Opinion of the CourtLathrop, J.
The first ruling of the single justice of this court, upon whose report the case comes before us, was apparently based upon the theory that, as the testatrix did not part with her right to change the executor of her will, the will was entitled to be admitted to probate. There is no doubt of the correctness of the ruling. A will is valid which merely appoints an executor. In the Goods of Lancaster, 1 Sw. & Tr. 464. In the Goods of Howard, L. R. 1 P. & D. 636. Brownrigg v. Pike, 7 P. D. 61. And this is so, even though the executor renounces probate. In the Goods of Jordan, L. R. 1 P. & D. 555.
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2Cases cited5 opinions
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Faxton v. FaxonMichigan Supreme Court · 1873
- Anding v. DavisMississippi Supreme Court · 1860
- Robinson v. MandellU.S. Circuit Court for the District of Massachusetts · 1868
- Ogden v. GreenleafMassachusetts Supreme Judicial Court · 1887
3Cited by21 opinions
- Morgan v. . SanbornNew York Court of Appeals · 1919
- Hogarth-Swann v. WeedMassachusetts Supreme Judicial Court · 1931
- O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
- Clements v. JonesSupreme Court of Georgia · 1928
- Glover v. BakerSupreme Court of New Hampshire · 1912
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