This was an appeal from a decree of the Court of Probate' of Little Compton, proving and approving the last will and Testament of Abigail Irish. The will was dated December 4, 1850, and the testatrix died December G, 1850.
Good law ✅— No negative treatment on recordhow we know
Decided 1852-03-06
How this case has been cited
Cited by 6 later decisions — most recently March 1989
1 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
delivered the opinion of the Court. It is very apparent in the present case, that the testatrix would have made the same will, had she known her son was living. She did not intend to give him anything, if living.
¶2
But if this were not apparent and she had made the will under a mistake as to the supposed death of her son, this could not be shewn
dehors
the will. The mistake must appear on the face of the will, and it must also appear what would have been the will of the testatrix but for the mistake. Thus, where the testator revokes a legacy, upon the mistaken supposition that the legatee is dead, and this appears on the face of the instrument of revocation, such revocation was held void. Campbell v.
French,
(3 Vesey 321.)
