Kennedy v. Simmons Et Al‪.‬

RONAN, Justice. After a full hearing upon a petition filed in the Probate Court of Norfolk County by the present petitioner, praying that a certain instrument purporting to be the will of Robert G. Simmons, who was described in the petition as one who last dwelt in Millis in the County of Norfolk and in the said instrument as formerly of Winter Park, in the State of Florida, but now of Millis, Norfolk County, Massachusetts, be proved and allowed as his will, the Probate Court found that the said instrument was procured by undue influence, and that Simmons at the time of executing the instrument was not of sound mind; and by a decree entered on December 12, 1939, it was ordered that the instrument be disapproved and disallowed as the last will and testament of the said decedent. Thereafter, the petitioner, on December 29, 1939, filed the present petition, seeking to vacate the aforesaid decree on the ground that the Probate Court had no jurisdiction because Simmons was not a resident or inhabitant of Norfolk County at the time of his death and that he did not leave any property to be administered in said county. After a hearing this petition was dismissed and the petitioner appealed.