History
  • No items yet
midpage
Wolcott v. Wolcott
140 Mass. 194
Mass.
1885
Check Treatment
Morton, C. J.

A decree of the Probate Court, admitting to probate a will, is final and conclusive upon all the world until revoked by the court by which it was passed. It is in the nature of a judgment in rem. It cannot be reversed by writ of error or certiorari, and it cannot be set aside in equity for fraud. Waters v. Stickney, 12 Allen, 1, and cases cited.

This court, sitting as a court of equity, has no jurisdiction to revoke and annul a decree of the Probate Court, duly passed, approving and allowing a will.

Bill dismissed.

Case Details

Case Name: Wolcott v. Wolcott
Court Name: Massachusetts Supreme Judicial Court
Date Published: Oct 23, 1885
Citation: 140 Mass. 194
Court Abbreviation: Mass.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.