Wolcott v. Wolcott

Massachusetts Supreme Judicial Court

Wolcott v. Wolcott

3 N.E. 214, 140 Mass. 194, 1885 Mass. LEXIS 317

CourtMassachusetts Supreme Judicial Court

DecidedOctober 23, 1885

StatusPublished

Cited by5 cases

This text of 3 N.E. 214 (Wolcott v. Wolcott) 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

Wolcott v. Wolcott, 3 N.E. 214, 140 Mass. 194, 1885 Mass. LEXIS 317 (Mass. 1885).

Pincite

Opinion

Morton, C. J.

A decree of the Probate Court, admitting to probate a will, is final and conclusive upon all the world until revoked by the court by which it was passed. It is in the nature of a judgment in rem. It cannot be reversed by writ of error or certiorari, and it cannot be set aside in equity for fraud. Waters v. Stickney, 12 Allen, 1, and cases cited.

This court, sitting as a court of equity, has no jurisdiction to revoke and annul a decree of the Probate Court, duly passed, approving and allowing a will.

Bill dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Morton, C. J.

A decree of the Probate Court, admitting to probate a will, is final and conclusive upon all the world until revoked by the court by which it was passed. It is in the nature of a judgment in rem. It cannot be reversed by writ of error or certiorari, and it cannot be set aside in equity for fraud. Waters v. Stickney, 12 Allen, 1, and cases cited.

This court, sitting as a court of equity, has no jurisdiction to revoke and annul a decree of the Probate Court, duly passed, approving and allowing a will.

Bill dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.E. 214, 140 Mass. 194, 1885 Mass. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolcott-v-wolcott-mass-1885.

Opinion

Related

Cite This Page — Counsel Stack