In re Claflin's Will
Supreme Court of Vermont
Appeal from the allowance and probate of an instrument as the will of Ephraim E. Claflin. J. H. Bass and Orra Bass were proponents. Elmer E. Claflin and Bertha E. Blanchard were contestants. Trial by jury, Orange County, June Term, 1900, Start, J., presiding. At the close of the proponent’s evidence a verdict was, on motion, directed for the contestants. The proponents excepted.
1Opinion of the CourtWatson, J.
The probating of the will of Ephraim E. Claflin was contested on the ground that it was not properly executed. The instrument sought to be established as such will, was received in evidence, and it was conceded to be in the handwriting of the testator, except the signatures of the witnesses thereto, and the words “Ephraim E. Clafiin’s Will” on the outside. It purports on its face to have been duly executed. The attestation clause reads, “Signed, sealed, published and declared by the said Ephraim E. Claflin as his last will and testament in the presence of us who have hereunto subscribed our…
2Cases cited8 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Adams v. FieldSupreme Court of Vermont · 1849
- Baskin v. . BaskinNew York Court of Appeals · 1867
- Barnes v. BarnesSupreme Judicial Court of Maine · 1876
- Heirs of Blanchard v. Heirs of BlanchardSupreme Court of Vermont · 1859
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3Cited by6 opinions
- In re Claflin's WillSupreme Court of Vermont · 1902
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
- In re Will of SmithSupreme Court of Vermont · 1914
- Dailey v. TreadwellNebraska Supreme Court · 1909
- Bullock v. MorehouseCourt of Appeals for the D.C. Circuit · 1927
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