Marston
Supreme Judicial Court of Maine
On exceptions. The opinion states the case and material facts. The will must be attested by three " credible witnesses not beneficially interested under said will.” R. S., 1871, c. 74, § 1. Who are "credible” witnesses? Those "competent” by the rules of the common law. Interested witnesses are, by that law, incompetent. The statute expressly leaves the law regulating the execution of wills to be governed by the provisions of the.common law.
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On exceptions. The opinion states the case and material facts. The will must be attested by three " credible witnesses not beneficially interested under said will.” R. S., 1871, c. 74, § 1. Who are "credible” witnesses? Those "competent” by the rules of the common law. Interested witnesses are, by that law, incompetent. The statute expressly leaves the law regulating the execution of wills to be governed by the provisions of the.common law. R. S., 1871, c. 82, § 84; Sparhawk v. Sparhawk, 10 Allen, 156; Hawes v. Humphrey, 9 Pick. 350; R. S., 1841, c. 115, § 75 ; R. S., 1857, c. 82, § 80; Haven…
1Opinion of the CourtVirgin, J.
The petitioners seek under R. S., c. 63, § 25, for leave to enter an appeal from, the decree of the judge of probate for this county, whereby an instrument, purporting to be the last will of the late Abner Coburn, was admitted to probate.
The petitioners contend that the judge did not have jurisdiction of the probate of this instrument because of a legacy of $5,000 therein to Eleanor S. Turner, who is the judge’s aunt by reason of her marriage, prior to the execution of the instrument, with a brother of the judge’s mother; and the provision of R. S., c. 1, § 6, clause 22 is invoked to sustain…
2Cases cited3 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- AldrichMassachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- RichburgSupreme Judicial Court of Maine · 1952
- Hale v. CoffinCourt of Appeals for the First Circuit · 1903
- CoySupreme Judicial Court of Maine · 1927
- In re Potter's WillSupreme Court of Vermont · 1915
- In re Estate of RoachSupreme Judicial Court of Maine · 1991
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