[DOWNLOAD] "Mirick v. Phelps Et Al." by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Mirick v. Phelps Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 25, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
FIELD, Justice. M. Edna Cummings, late of Worcester, died August 2, 1935, leaving as her next of kin two nephews -- Harry G. Phelps and Robert E. Phelps -- and a niece -- Mabel A. Barrett. An instrument dated December 21, 1934, purporting to be her last will, was presented for probate. Its allowance was contested by the next of kin who moved that the probate Judge frame issues for trial by jury. The motion was heard on statements by counsel of expected evidence. A decree was entered ordering trial by jury of the following issue: 'Was the instrument propounded for probate as the last will of said M. Edna Cummings procured to be made in whole or in part by the fraud or undue influence of Harry Solomon and Gertrude Jones or either of them exercised upon the said M. Edna Cummings.' The proponent appealed. The personal estate of the deceased amounted to about $10,000. She also owned a house worth six or seven thousand dollars. The alleged will makes bequests of household effects and articles of wearing apparel, gives pecuniary legacies aggregating $8,700 in amount, including a legacy to each of the next of kin and a legacy of $2,000 'to Harry Edwin Solomon of Worcester, Massachusetts, if he shall survive me, in recognition and payment of his many acts of kindness and services rendered in my behalf,' and gives the residue of the estate to said Solomon. Nothing is given to Gertrude Jones.