Sly v. Hunt
Massachusetts Supreme Judicial Court
Contract, to recover for services rendered by the plaintiff to the defendant’s testatrix, Mary C. Wilmarth, from April 1,1883, to July 1,1887. In the course of the trial, the physical condition of the testatrix being an issue in the case, the plaintiff introduced evidence tending to show that from about 1885 to October, 1886, when the testatrix made her will, and afterwards, her mental as well as physical faculties had materially deteriorated.
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Contract, to recover for services rendered by the plaintiff to the defendant’s testatrix, Mary C. Wilmarth, from April 1,1883, to July 1,1887. In the course of the trial, the physical condition of the testatrix being an issue in the case, the plaintiff introduced evidence tending to show that from about 1885 to October, 1886, when the testatrix made her will, and afterwards, her mental as well as physical faculties had materially deteriorated. The defendant put in evidence without objection the record of the probate of her will,' which had been contested by the plaintiff in the Supreme…
1Opinion of the CourtLathrop, J.
The physical condition of Mrs. Wilmarth from 1885 down to the time of making her will, in October, 1886, and afterwards, was an issue in this case. The defendant put in evidence, without objection, the record of the probate of her will, which had been contested by the plaintiff, and tried by a jury. It appeared from this record that the jury found that Mrs. Wilmarth was of sound and disposing mind and memory at the time of signing the will. The judge ruled, in effect, that the record of the case was conclusive, as between the plaintiff and the defendant, that Mrs. Wilmarth was at the time of…
2Cases cited4 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Caujolle v. FerrieSupreme Court of the United States · 1871
- Morse v. ElmsMassachusetts Supreme Judicial Court · 1881
3Cited by26 opinions
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- In re the Transfer Tax upon the Estate of HernandezAppellate Division of the Supreme Court of the State of New York · 1916
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