Wilton v. Humphreys

5 Citing cases

  1. Flynn v. Barrington

    342 Mass. 189 (Mass. 1961)   Cited 1 times

    No presumption either helps or embarrasses the proponents. See Wilton v. Humphreys, 176 Mass. 253, 257 (time of alteration to be established by evidence, which "may be found in the instrument itself, or may come from outside of it"); annotation 34 A.L.R.2d 619, 630-647. See also Barletta v. New York, N.H. H.R.R. 297 Mass. 275, 277-278; Mindell v. Goldman, 309 Mass. 472, 475-476; Newhall, Settlement of Estates (4th ed.) § 40, p. 144; § 341; Wigmore, Evidence (3d ed.) § 2525.

  2. Renwick v. Macomber

    124 N.E. 670 (Mass. 1919)   Cited 45 times
    In Renwick v. Macomber, supra, the next of kin petitioned for the revocation of the decree allowing the will of Frederick W. Renwick. The finding of the single justice, that when the alleged will was made Renwick was domiciled in New Bedford was approved, and it was decided that the decree of the Probate Court should not be revoked, notwithstanding the fraud of Macomber in the execution of the will and his fraud on the court in procuring its probate.

    Whatever may be found of decision and dicta before 1891, since St. 1891, c. 415, § 4, no case governing probate proceedings has been decided which is in conflict with Zeitlin v. Zeitlin, supra; and that case must be taken to have established the law relating to the vacation of judgments for all courts of superior and general jurisdiction without regard to their history, origin or practice. We find nothing in conflict in the decisions of the cases of Stetson v. Bass, 9 Pick. 26, Peters v. Peters, 8 Cush. 529, Waters v. Stickney, 12 Allen, 1, Newton v. Seaman's Friend Society, 130 Mass. 91, Gale v. Nickerson, 144 Mass. 415, Tucker v. Fisk, 154 Mass. 574, McKay v. Kean, 167 Mass. 524, Wilton v. Humphreys, 176 Mass. 253, Crocker v. Crocker, 198 Mass. 401, and Boardman v. Hesseltine, 200 Mass. 495. A majority of the court are of opinion the decree appealed from should be reversed, and a decree entered dismissing the petition praying for revocation of the decree allowing the will of Frederick W. Renwick.

  3. Graham v. Middleby

    70 N.E. 415 (Mass. 1904)   Cited 35 times

    If the execution of the bond is proved, the burden does not change, but the defendants meet the evidence of the plaintiff by proof that the contract in evidence is not that put in suit, and in such a case the burden of proof remains on the plaintiff throughout the trial to prove the contract upon which he has declared. Wilde v. Armsby, 6 Cush. 314, 318. Ely v. Ely, 6 Gray, 439. Lincoln v. Lincoln, 12 Gray, 45. Ives v. Farmers' Bank, 2 Allen, 236. Wilton v. Humphreys, 176 Mass. 253, 257. But in dealing with this exception the course pursued by the parties at the trial must be recognized.

  4. O'Connell v. Dow

    68 N.E. 788 (Mass. 1903)   Cited 25 times

    The case presented in this will therefore is the case of a will containing alterations. It was said by this court in Wilton v. Humphreys, 176 Mass. 253, 257: "There is no presumption of law in a case of this kind as to the time when the disputed words were written. The question is one of fact to be determined on all the evidence. Ely v. Ely, 6 Gray, 439. The burden of proof is on a party presenting a will to show that alterations or interlineations in it were made before its execution, and unless there is something in the nature of them, as applied to other parts of the writing, or unless there is other evidence to show that they were a part of the will when it was executed, they will be rejected for want of proof.

  5. Currier Gallery of Art v. Packard

    504 N.E.2d 368 (Mass. App. Ct. 1987)

    See Putnam v. Neubrand, 329 Mass. 453, 460 (1952). Cf. Wilton v. Humphreys, 176 Mass. 253, 257-258 (1900). What would have been the testratix's intention in that circumstance? That the attempt at change should have at least the result of cancelling (revoking) the crossed-out words, leaving the rest of the original instrument intact?