Clark v. Greenhalge case brief

Clark v. Greenhalge case brief summary
582 N.E.2d 949 (1991)

CASE SYNOPSIS

Plaintiff neighbor appealed an order from the Appeals Court (Massachusetts), which affirmed a probate judge's decision awarding a painting to the neighbor in the neighbor's action seeking to compel defendant executor to deliver the painting to her following the probate of a testatrix's will.

CASE FACTS
The testatrix duly executed a will, which named her cousin as executor of her estate. The neighbor claimed that the testatrix told her that she could have a farm scene painting after the testatrix's death. Following probate of the testatrix's will, the neighbor sought to compel the executor to deliver the painting to her. 

DISCUSSION

• The appeals court affirmed the probate judge's decision awarding the painting to the neighbor. 
• On further appeal, the court affirmed the appeals court's judgment because the probate judge correctly awarded the painting to the neighbor. 
• The evidence supported the conclusion that the testatrix intended that the bequests in her notebook be accorded the same power and effect as those contained in a memorandum under her will. 
• The court concluded, therefore, that the probate judge properly accepted the notebook as a memorandum of the testatrix's known wishes as referenced in her will. 
• There was ample support in the record, therefore, to support the probate judge's conclusion that the notebook met the criteria set forth in the testatrix's will regarding memoranda.

CONCLUSION
The court affirmed the appeals court's order affirming the probate judge's award of the painting to the neighbor in the neighbor's action to compel the executor to deliver the painting to her.

Suggested Study Aids For Wills, Trusts & Estate Law