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52 Mass. 291

Sturtevant v. Bowker

Massachusetts Supreme Judicial Court

Decided September 15, 1846

Massachusetts Supreme Judicial Court · decided 1846-09-15

This was an appeal from a decree of the judge of probate, proving and allowing the last will of Liberty Bowker, late of Savoy.

Cited by 2 later decisions — most recently October 1910

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1846-09-15

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Shaw, C. J.

¶1The 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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