O'Connell v. Dow
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of Martha E. Wyman, late of Chelmsford, upon a petition filed in that court on November 13, 1900. Three issues were sent by a justice of this court to the Superior Court for trial, and were tried in that court before Aiken, J. The following is a copy of the instrument allowed by the Probate Court as the will of Martha E. Wyman, the portions quoted in the findings of the jury being…
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Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of Martha E. Wyman, late of Chelmsford, upon a petition filed in that court on November 13, 1900. Three issues were sent by a justice of this court to the Superior Court for trial, and were tried in that court before Aiken, J. The following is a copy of the instrument allowed by the Probate Court as the will of Martha E. Wyman, the portions quoted in the findings of the jury being enclosed in brackets: “Be it remembered, that I, Martha E. Wyman of Chelmsford in the County of Middlesex and Commonwealth of…
1Opinion of the CourtLosing, J.
This case is before us on exceptions taken at the trial of issues by a jury on an appeal from the allowance of a will by the Probate Court. The will was attested by five witnesses, and among others by the petitioner O’Connell, who was named in the will as executor. The testatrix was a widow sixty-nine years of age, who had been twice married. In each of the first two clauses of the will a nominal sum is left to a son by her first husband; the wearing apparel of the testatrix is then disposed of; then provision is made for a monument at her grave and for the perpetual care of it; the will, as…
2Cases cited12 opinions
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