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A View of the Jurisdiction and Proceedings of the Courts of Probate in Massachusetts, with Particular Reference to the County of Essex - Softcover
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Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ...by some Judge within the State, who has authority to settle the whole estate within his jurisdiction. Where a feme sole is executrix or administratrix, jointly with one or more persons, and during the life of such person or persons, intermarries, her authority is, by the statute of wills, extinguished and determined. But where she is sole executrix or administratrix, and marries, her husband becomes joint executor or administrator with her.t A feme covert, with the assent of her husband, may' dispose of personal property by will; but she cannot devise her lands, even with such assent, so as to exclude the heir. If she make a will, during the life of her husband, and survive him, but does not repub within the statute: but alter accepting the trust, he is not a competent witness to prove the execution of the will, or the sanity of the testator, on a trial in the Supreme Court of Probate; his liability to the costs of the trial being a sufficient objection to his competency. Nor can an executor, after accepting' the trust, and giving bonds faithfully to perform it, be permitted to renounce his trust. The will, to which he is a subscribing witness, may be proved by the witnesses, who remain competent, or by other testimony. Members of a society, incorporated for pious and charitable uses, are competent witnesses to prove the sanity of a testator, notwithstanding the society are made residuary legatees in the will; being mere trustees, they have an interest too minute to influence them in their testimony.t A will devising real estate, executed pursuant to the statute, and also a codicil bequeathing pecuniary legacies only, and not purporting a disposition of real estate, may both be approved; although the second instrument is not attested by...
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Reseña del editor
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ...by some Judge within the State, who has authority to settle the whole estate within his jurisdiction. Where a feme sole is executrix or administratrix, jointly with one or more persons, and during the life of such person or persons, intermarries, her authority is, by the statute of wills, extinguished and determined. But where she is sole executrix or administratrix, and marries, her husband becomes joint executor or administrator with her.t A feme covert, with the assent of her husband, may' dispose of personal property by will; but she cannot devise her lands, even with such assent, so as to exclude the heir. If she make a will, during the life of her husband, and survive him, but does not repub within the statute: but alter accepting the trust, he is not a competent witness to prove the execution of the will, or the sanity of the testator, on a trial in the Supreme Court of Probate; his liability to the costs of the trial being a sufficient objection to his competency. Nor can an executor, after accepting' the trust, and giving bonds faithfully to perform it, be permitted to renounce his trust. The will, to which he is a subscribing witness, may be proved by the witnesses, who remain competent, or by other testimony. Members of a society, incorporated for pious and charitable uses, are competent witnesses to prove the sanity of a testator, notwithstanding the society are made residuary legatees in the will; being mere trustees, they have an interest too minute to influence them in their testimony.t A will devising real estate, executed pursuant to the statute, and also a codicil bequeathing pecuniary legacies only, and not purporting a disposition of real estate, may both be approved; although the second instrument is not attested by...
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