261 Mass. 82 | Mass. | 1927
This is a petition brought by the widow of William A. Fuller for the revocation of a decree of the Probate Court ordering the probate of his will. The petition
The case was heard by the judge of probate, and all the evidence before him is reported. He made the following and other findings: “The will was not obtained or induced
A careful reading of the evidence shows that the above findings were fully justified if not required. The ruling excluding evidence respecting the testamentary capacity of William A. Fuller, except as such capacity or lack of it was within the knowledge of the petitioner for probate or of the executors, was correct. The only issue before the court was whether the former decree allowing the will should be revoked on the ground that a fraud had been perpetrated upon the court. The issue as to the soundness of mind of the testator was adjudicated upon the petition for the probate of the will.
It was said by Chief Justice Knowlton in Boardman v. Hesseltine, 200 Mass. 495, at pages 497 and 498, “The issues as to the execution of the will and the soundness of mind of the testator were fully tried and regularly determined. They cannot be opened, simply on the ground that the decision was not in accordance with the facts.” If it had been found by the judge of probate in the case at bar, that the probate of the will had been procured by fraud on the part of the executors, which does not appear, the decree could not be set aside in this proceeding. It was said in Renwick v. Macomber, 233 Mass. 530, at page 534, following the decisions in Zeitlin v. Zeitlin, 202 Mass. 205, and Boyd v. Boyd, 226 Mass. 542, that “The suppression or concealment of material facts as distinguished from the introduction of false and fabricated testimony does not, and in principle should not, change the accepted rule of public policy that litigation should cease when parties have had a day in court.” The reasons for the rule so established are fully set forth in Zeitlin v. Zeitlin, supra, and must be regarded as the settled
It is manifest for the reasons stated that the petition cannot be maintained.
Decree affirmed.