Haddock v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Appeal by the Boston and Maine Railroad from a decree of the Probate Court, entered November 16,1885, allowing the will of Sarah Pendergast, formerly of Haverhill, who died in 1822. Trial in this court before Morton, C. J., who reported the case for the consideration of the full court, which, so far as material, is as follows: The executor claimed that the appellant had no right to appeal from the probate of the will; but it was agreed that the title of the appellant to real…
Read the full summary
Appeal by the Boston and Maine Railroad from a decree of the Probate Court, entered November 16,1885, allowing the will of Sarah Pendergast, formerly of Haverhill, who died in 1822. Trial in this court before Morton, C. J., who reported the case for the consideration of the full court, which, so far as material, is as follows: The executor claimed that the appellant had no right to appeal from the probate of the will; but it was agreed that the title of the appellant to real estate devised by the will might be affected by the establishment of rights under the will if it was admitted to…
1Opinion of the CourtDevens, J.
The first question discussed by the appellant is whether the Probate Court has authority, as matter of law, to admit a will to probate sixty-three years after the death of the testator, and incidentally whether there is any limit of time after the death of the testator subsequent to which the court has no such authority.
In Shumway v. Holbrook, 1 Pick. 115, 117, the question was whether a will not admitted to probate was admissible in evidence. It was held that it was not, but it is said: “ If a will can be found, it may be proved in the Probate Court at any time, in order to establish a title…
2Cited by8 opinions
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- Matthews v. FullerCourt of Appeals of Maryland · 1956
- Bowen v. CampbellMassachusetts Supreme Judicial Court · 1962
- Steadman v. SteadmanSupreme Court of North Carolina · 1906
- Weaver v. HughesCourt of Appeals of Tennessee · 1943
3 more not listed; retrieve them via the Exa API.