11 Me. 303 | Me. | 1834
delivered the opinion of the Court.
It was admitted, at the argument of this cause, that the property described in the will in question, belonged exclusively to John Grace, and that he died sole seised thereof; and that the will was executed, published and declared to be his last will and testament, in the manner stated in the attestation of the subscribing witnesses. For some strange reason, Hannah Grace, then the wife of John Grace, was joined with her husband in the character of a devisor; and this joinder is the objection to the probate of the will. The 8th reason of appeal was abandoned; and none but the 2d and 3d, which amount to the same thing, were relied upon. The supposed intentions of the said John Grace, alluded to in the 5th, 6th and 7th reasons of appeal, and the arguments in relation to them, are not subjects of our consideration, sitting as the Supreme Court of Probate. It is said that the will in question was never published as the will of John Grace alone, but as his and his wife’s jointly. She had no right to make the will. Her joinder can have no effect upon the legal and disposing powrer of the husband. The will is his in the same manner as though she had not signed it. She was a mere cypher in the transaction, and all her declarations and acts must be rejected as surplusage. The argument of the counsel for the appellants is
We are all of opinion that the decree of the Court of Probate must be affirmed ; and the cause remitted to that Court for further proceedings according to law.