Legal Opinion

Neill v. Brackett

Massachusetts Supreme Judicial Court

Decided January 7, 1920PublishedCited by 107 opinions

Appeal from a decree of the Probate Court for the county of Norfolk allowing the will of Edward E. Richards, late of Brookline. The appellants were Gladys B. Brackett and Bertha E. Porter, children of the deceased by a first marriage. In the Supreme Judicial Court for the county of Norfolk, the following issues were framed and sent to the Superior Court for trial by a jury.

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Appeal from a decree of the Probate Court for the county of Norfolk allowing the will of Edward E. Richards, late of Brookline. The appellants were Gladys B. Brackett and Bertha E. Porter, children of the deceased by a first marriage. In the Supreme Judicial Court for the county of Norfolk, the following issues were framed and sent to the Superior Court for trial by a jury. “(1) Was the instrument purporting to be the last will and testament of Edward E. Richards duly and legally executed? “ (2) Was Edward E. Richards of sound and disposing mind and memory at the time of the execution of the…

1Opinion of the CourtRugg, C. J.

This case comes before us on exceptions taken at the trial in the Superior Court of issues framed respecting the allowance of an instrument offered for probate as the last will of Edward E. Richards. The finding of the jury was in favor of the proponents as to the due execution of the instrument as a will and the soundness of mind' of the deceased.

The remaining issue, with which alone we are now concerned, *369was whether the alleged will was "procured to be made through the fraud or undue influence of Mary E. Fallon and Sally S. D. Richards or either of them.” The question is whether there was…

2Cases cited9 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
  3. Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
  4. Hoffman v. HoffmanMassachusetts Supreme Judicial Court · 1906
  5. Emery v. EmeryMassachusetts Supreme Judicial Court · 1916

4 more not listed; retrieve them via the Exa API.

3Cited by107 opinions

  1. Tetrault v. MahoneyMassachusetts Supreme Judicial Court · 1997
  2. Miller v. MooneyMassachusetts Supreme Judicial Court · 2000
  3. Cook v. MosherMassachusetts Supreme Judicial Court · 1922
  4. Wellman v. CarterMassachusetts Supreme Judicial Court · 1934
  5. Bruno v. BrunoMassachusetts Supreme Judicial Court · 1981

102 more not listed; retrieve them via the Exa API.

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