Sturtevant v. Bowker

Massachusetts Supreme Judicial Court

Sturtevant v. Bowker

52 Mass. 291

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1846

StatusPublished

This text of 52 Mass. 291 (Sturtevant v. Bowker) 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

Sturtevant v. Bowker, 52 Mass. 291 (Mass. 1846).

Pincite

Opinion

Shaw, C. J.

The widow could make no election to waive the provision made for her in the will, and claim her dower, until after the decease of the testator. If the will took effect at all, it took effect at his decease, and cannot be revoked by his widow’s subsequent act. It cannot be placed on the ground of implied revocation; and no other ground of objection to the probate of the will being suggested, the decree of the probate court must be affirmed, and the case be remitted for further proceedings. See Hawes v. Humphrey, 9 Pick. 357

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Shaw, C. J.

The widow could make no election to waive the provision made for her in the will, and claim her dower, until after the decease of the testator. If the will took effect at all, it took effect at his decease, and cannot be revoked by his widow’s subsequent act. It cannot be placed on the ground of implied revocation; and no other ground of objection to the probate of the will being suggested, the decree of the probate court must be affirmed, and the case be remitted for further proceedings. See Hawes v. Humphrey, 9 Pick. 357

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Bluebook (online)

52 Mass. 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturtevant-v-bowker-mass-1846.