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Bennett v. Brown

Supreme Judicial Court of Massachusetts. Bristol
Nov 24, 1915
110 N.E. 266 (Mass. 1915)

Summary

In Bennett v. Brown, 222 Mass. 283, it was held, on the authority of Warner v. Beach, that the death of the wife during the lifetime of her husband is not such a change in condition or circumstances as to revoke his will by implication of law.

Summary of this case from Hertrais v. Moore

Opinion

October 26, 1915.

November 24, 1915.

Present: RUGG, C.J., LORING, CROSBY, CARROLL, JJ.

Will, Revocation. Husband and Wife.

The death of a wife during the lifetime of her husband is not a subsequent change "in the condition or circumstances of the testator" within the meaning of R.L.c. 135, § 8, "from which a revocation is implied by law" of a will in which the testator left the sum of $5 to each of his three children and the residue of his estate to his wife.

H.E. Fales, for the petitioner.

H.E. Tiepke, (A. Fuller with him,) for the respondents.


William A. Bennett died December 7, 1911. By his will dated October 29, 1902, he bequeathed to each one of his three children the sum of $5. The remainder of his estate he devised and bequeathed to his wife Melinda J. Bennett, who died May 14, 1911. The will was duly admitted to probate on January 5, 1912. This petition seeks to vacate the decree of the Probate Court allowing the will, because the will "had been revoked by implication of law resulting from changes in the condition and circumstances of the said William A. Bennett which occurred subsequently to the execution of said instrument."

The whole estate after the payment of debts was about $17,000. The testator during his lifetime had advanced $2,500 to Melinda L. Brown, who was one of his three children. If the will was vacated this amount would be deducted from the share of that child and the shares of the other children would be increased.

The fact that Mrs. Bennett died before her husband is relied on to show a change of circumstances sufficient to revoke the will. R.L.c. 135, § 8, provides that a will can be revoked "by subsequent changes in the condition or circumstances of the testator from which a revocation is implied by law." Warner v. Beach, 4 Gray, 162, is directly in point. It decides that the death of the wife during the lifetime of the testator is not such a change in condition or circumstances as to revoke a will by implication of law.

Decree, affirming the decree of the Probate Court dismissing the petition, affirmed.

Made by Pierce, J.


Summaries of

Bennett v. Brown

Supreme Judicial Court of Massachusetts. Bristol
Nov 24, 1915
110 N.E. 266 (Mass. 1915)

In Bennett v. Brown, 222 Mass. 283, it was held, on the authority of Warner v. Beach, that the death of the wife during the lifetime of her husband is not such a change in condition or circumstances as to revoke his will by implication of law.

Summary of this case from Hertrais v. Moore
Case details for

Bennett v. Brown

Case Details

Full title:JOSEPH A. BENNETT vs. FRANCES E. BROWN others

Court:Supreme Judicial Court of Massachusetts. Bristol

Date published: Nov 24, 1915

Citations

110 N.E. 266 (Mass. 1915)
110 N.E. 266

Citing Cases

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Hertrais v. Moore

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