Martin v. Martin
This text of 131 Mass. 547 (Martin v. Martin) 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.
Opinion
This case requires no particular consideration of the question under what circumstances the happening of a condition or contingency, upon which a will declares that it shall take effect, may be a subject of inquiry on the offer of the will for probate; because, in the will before us, the maintenance of the testator for the rest of his life is clearly not intended to be a condition or contingency upon which the validity of the will shall depend, but is mentioned only as the consideration or motive inducing him to make it; and failure of the consideration could not defeat or avoid the will, without a cancelling or revocation by the testator. Damon v. Damon, 8 Allen, 192. Colwell v. Alger, 5 Gray, 67. Decree affirmed.
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Cite This Page — Counsel Stack
131 Mass. 547, 1881 Mass. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-mass-1881.