Legal Opinion

Mendell v. Dunbar

Massachusetts Supreme Judicial Court

Decided June 16, 1897PublishedCited by 6 opinions

Appeal, by the executor of and certain legatees under the will of. Eugene F. Dunbar, from a decree of the Probate Court disallowing it. Hearing before Holmes, J., who reported the case for the determination of the full court, in substance as follows. The testator was ill in bed and unable to leave it.

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Appeal, by the executor of and certain legatees under the will of. Eugene F. Dunbar, from a decree of the Probate Court disallowing it. Hearing before Holmes, J., who reported the case for the determination of the full court, in substance as follows. The testator was ill in bed and unable to leave it. He signed his will .in the presence of the subscribing witnesses, who thereupon withdrew to another room in the house, no part of which was visible from any part of the room where the testator remained, and there subscribed as witnesses. They then returned to the presence of the testator, and…

1Opinion of the CourtLathrop, J.

By the Pub. Sts. c. 127, § 1, to entitle a person to dispose of his estate by will, it must be signed by him or by some other person in his presence and by his express direction, “ and attested and subscribed in his presence by three or more competent witnesses.”

*75The questions presented by the report are two. First, Was the instrument signed by the witnesses in the presence of the testator? Secondly, If not, was the subsequent action of one of the witnesses in the presence of the others, and the assent of the testator, a sufficient compliance with the statute? We are of opinion that both…

2Cases cited1 opinion

  1. Riggs v. RiggsMassachusetts Supreme Judicial Court · 1883

3Cited by6 opinions

  1. Calkins v. CalkinsIllinois Supreme Court · 1905
  2. Norcross v. MahanMassachusetts Supreme Judicial Court · 1933
  3. In Re Estate of KavcicDistrict Court of Appeal of Florida · 1977
  4. Marshall v. MasonMassachusetts Supreme Judicial Court · 1900
  5. Talbot v. TraverMassachusetts Supreme Judicial Court · 1952

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