Fairchild v. Bascomb
Supreme Court of Vermont
Appeal from the decision of the probate court, disallowing an instrument presented for probate as the last will of Eliza B. Clark. The defences set up in the plea were: first, That the instrument in question was not the last will of the said Eliza B. Clark; secondly, insanity ; and thirdly, weakness of intellect, and undue influence The cause was tried by the jury, at the April Term, 1861, Pierpoint, J., presiding.
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Appeal from the decision of the probate court, disallowing an instrument presented for probate as the last will of Eliza B. Clark. The defences set up in the plea were: first, That the instrument in question was not the last will of the said Eliza B. Clark; secondly, insanity ; and thirdly, weakness of intellect, and undue influence The cause was tried by the jury, at the April Term, 1861, Pierpoint, J., presiding. The instrument in question was dated November 14th, 1858, and purported to dispose of the entire estate, (amounting, as the testimony tended to show, to some $7,000 or $8,000,) of…
1Opinion of the CourtAldis, J.
The more important points, raised upon the argument, were as to the questions put to Dr. Kockwell as a profess sional witness in regard to the insanity of the testatrix.
There is no question but that in this case the opinion of am expert was admissible upon the question of insanity; and that such a witness might testify as to the nature and symptoms of insanity and monomania; and as to the -facts proved by other witnesses tending to show insanity, whether-they, if true, did or did not indicate partial or total insanity, — whether they indicated a state of continuous insanity, or one with lucid…
2Cases cited5 opinions
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Heald v. ThingSupreme Judicial Court of Maine · 1858
- The People v. . LakeNew York Court of Appeals · 1855
- Lester v. Town of PittsfordSupreme Court of Vermont · 1835
- Mayor of New-York v. PentzCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by41 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Taborsky v. StateSupreme Court of Connecticut · 1955
- Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
- Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
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