In re Barney's Will
Supreme Court of Vermont
Appeal by contestants from a decree oí the probate court allowing an instrument as the last will of Ira Barney. Contested upon the grounds of defective execution, incapacity and undue influence. Trial by jury, at the March Term, 1897, Chittenden County, Munson, ]., presiding. Verdict and judgment for the proponent.
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Appeal by contestants from a decree oí the probate court allowing an instrument as the last will of Ira Barney. Contested upon the grounds of defective execution, incapacity and undue influence. Trial by jury, at the March Term, 1897, Chittenden County, Munson, ]., presiding. Verdict and judgment for the proponent. The contestants excepted. cited Digest, Lib. 34, Tit. 8; Lib. 48, Tit. 10, § 15; Bilhnghurst v. Vickers, 1 Phil. 187, 194; Paske v. Ollat, 2 Phil. 323; Ingram v. Wyatt, 1 Hagg. Ecc. 384, 394; Wyatt v. Ingram, 3 Hagg. Ecc. 466; Cockraft v. Rawles, 4 Notes of Cases, 237; 1 Williams,…
1Opinion of the CourtTyler, J.
The testator, Ira Barney, resided in Essex; his entire estate was from $12,000 to $13,000, which by the will in question he devised to his wife, Caroline, for life, with power to use the income and if necessary the principal for her support, and all that should remain at her decease to the proponent, Charles T. Barney, and his heirs. He appointed his wife, his nephew, Truman B. Barney, and said Charles T., executors.
Ira’s heirs-at-law were a brother, Solomon Barney, a sister, Mrs. Oakes, and some fourteen nieces and nephews. His brother and sister and several of his nieces and nephews lived…
2Cases cited16 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Post v. . MasonNew York Court of Appeals · 1883
- Foster v. DearbornSupreme Court of Minnesota · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Truelove v. TrueloveCourt of Appeals of Texas · 1953
- Redford v. BookerSupreme Court of Virginia · 1936
- In Re Moxley's WillSupreme Court of Vermont · 1930
- Holt v. GuerguinCourt of Appeals of Texas · 1913
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
9 more not listed; retrieve them via the Exa API.