Williams v. Williams, 8 N.E. 424 (Mass. 1886). · Go Syfert
Williams v. Williams, 8 N.E. 424 (Mass. 1886). Cases Citing This Book View Copy Cite
13 citation events across 6 distinct courts.
Strongest positive: In re Gould's Will (vt, 1900-05-31)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see, e.g." In re Gould's Will
Vt. · 1900 · signal: see also · confidence low
See also, Williams v. Williams, 142 Mass. 515 .
cited Cited "see, e.g." In re Valentine's Will
unknown court · 1896 · signal: see also · confidence low
See, also, Williams v. Williams, 142 Mass. 515 ; Lane v. Moore, 151 Mass. 87.
Retrieving the full opinion text from the archive…
Charles H. Williams & another, executors
v.
George R. Williams
Massachusetts Supreme Judicial Court.
Oct 22, 1886.
8 N.E. 424
II. W. My 0,. F. Fly, for the appellant., S. Sanders, for the executors.
Allen.
at the time he executed the third will
C. Allen, J.

There was proof, satisfactory to the mind of the justice who heard the case, that the testator, in cancelling his last will, intended to revive the former one which he then left uncancelled; and his conclusion of fact was well warranted by the evidence. Such proof may come from a single witness ; Brown v. Brown, 8 El. & Bl. 876; Burns v. Burns, 4 S. & R. 295; and, being found sufficient to establish the fact, the legal result follows that the former will is thereby revived. See Pickens v. Davis, 134 Mass. 252, and authorities there cited; 2 Am. Lead. Cas. (4th ed.) 709, & seq. The fact that the testator executed three wills at different times, all of which were kept by him for a time uncancelled, and that, when he executed the third will, he said that he would keep them all until he made up his mind which he wanted to keep, and would destroy the two he did not want, did not have the legal effect to place the three wills on an equal footing as unexecuted and unpublished wills. The last will, if left unrevoked, would be valid.

Decree affirmed.