32 Me. 268
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
This is an appeal from a decree of the Judge of Probate, allowing the will of Bangs Doane. The testator had several children, living at the time of his decease, of whom the appellant is one. No devise or legacy was made to the appellant. There was no evidence to show whether the omission was intentional or occasioned by mistake, or to show that the appellant had had an equal proportion of the testator’s property bestowed upon him, during the lifetime of the testator.
Good law ✅— No negative treatment on recordhow we know
Decided 1850-07-01
Cited by 5 later decisions — most recently December 1911
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.
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¶1orally.—The will maybe good and effectual as to all its provisions, limited only by such rights as the appellant may have in the estate. But there can be no mode of giving it such an effect, except by the allowance and approval of it. After its allowance and approval, its import may be modified, at law, so far as may be requisite for securing to the appellant whatever rights he may be able to prove.
¶2Decree affirmed. No costs.