Gove v. Hammond

Massachusetts Supreme Judicial Court

Gove v. Hammond

385 Mass. 1001

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 12, 1982

StatusPublished

Cited by2 cases

This text of 385 Mass. 1001 (Gove v. Hammond) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gove v. Hammond, 385 Mass. 1001 (Mass. 1982).

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Opinion

We granted the defendants’ application for further appellate review in order to restate the rule: “Courts . . . ‘have no power to reform wills. Hypothetical or imaginary mistakes of testators cannot be corrected. Omissions cannot be supplied. Language cannot be modified to meet unforeseen changes in conditions. The only means for ascertaining the intent of the testator are the words written and the acts [1002]*1002done by him.’ Sanderson v. Norcross, 242 Mass. 43, 46 [1922].” Salter v. Salter, 338 Mass. 391, 393 (1959). A failure to provide for a contingency may lead to either a partial or complete intestacy. See Wright v. Benttinen, 352 Mass. 495 (1967).

Edwin E. Kaarela for Louise E. Hardy & others. David L. Taylor for Marion F. Hammond & another.

Judgment affirmed.

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We granted the defendants’ application for further appellate review in order to restate the rule: “Courts . . . ‘have no power to reform wills. Hypothetical or imaginary mistakes of testators cannot be corrected. Omissions cannot be supplied. Language cannot be modified to meet unforeseen changes in conditions. The only means for ascertaining the intent of the testator are the words written and the acts [1002]*1002done by him.’ Sanderson v. Norcross, 242 Mass. 43, 46 [1922].” Salter v. Salter, 338 Mass. 391, 393 (1959). A failure to provide for a contingency may lead to either a partial or complete intestacy. See Wright v. Benttinen, 352 Mass. 495 (1967).

Edwin E. Kaarela for Louise E. Hardy & others. David L. Taylor for Marion F. Hammond & another.

Judgment affirmed.

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Bluebook (online)

385 Mass. 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gove-v-hammond-mass-1982.

Opinion

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