Blaney v. Sargeant
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, establishing a certain instrument as and for the last will and testament of Samuel Sargeant, deceased ; in which the appellee was named executor.
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This was an appeal from a decree of the judge of probate for this county, establishing a certain instrument as and for the last will and testament of Samuel Sargeant, deceased ; in which the appellee was named executor. Several reasons of appeal were filed; but the * only [ * 336 ] one which appeared to be relied on was, “that the said Samuel Sargeant, at the time of signing said instrument, which was approved as being his last will, was not of sane mind, but incapable of making any disposition or devise of his estate.” Upon which the Court directed an issue to the jury to try the question of…
1Opinion of the Court
The Court decided, as in the case of Phelps & Al. vs. Hartwell, (ante, p. 71.) that the appellee, being the party who wished to establish the instrument, as a will, and having the affirmative, was *o open and close.
Note.—In the case of Phelps & Al. vs. Hartwell, above mentioned, the appellee began the pleadings by affirming the sanity. Qucere, if that be not the most correct mode ? . The appellant having, in the reasons of appeal, filed in the case, denied the sanity, it seems to be no better than a needless tautology to repeat the same thing in his plea, and before the other party has…
2Cases cited2 opinions
- Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
- Hubbard v. HubbardMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Rogers v. ThomasCourt of Appeals of Kentucky · 1841
- Crowninshield v. CrowninshieldMassachusetts Supreme Judicial Court · 1854
- Mottau v. MottauMassachusetts Supreme Judicial Court · 1922