Trinitarian Congregational Church
Supreme Judicial Court of Maine
Agreed Statement. This was an appeal from a decree of the judge of probate for Hancock County, disallowing and refusing to admit to probate an instrument purporting to be the last will and testament of Mehitable S. Rogers late of Castine, deceased. The case was submitted to the decision of the full court upon the following agreed statement of facts : First. That the following is the olograph of Mehitable S. Rogers, to wit: In the name of God—Amen.
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Agreed Statement. This was an appeal from a decree of the judge of probate for Hancock County, disallowing and refusing to admit to probate an instrument purporting to be the last will and testament of Mehitable S. Rogers late of Castine, deceased. The case was submitted to the decision of the full court upon the following agreed statement of facts : First. That the following is the olograph of Mehitable S. Rogers, to wit: In the name of God—Amen. I, Mehitable S. Rogers of Castine, Hancock County, Maine, impressed with the uncertainty of life and desirous of making a just disposition of my…
1Opinion of the CourtStrout, J.
The question is whether Agnes T. Hooper was a competent attesting witness to the will of Mehitable S. Rogers, there being only two other witnesses. The will contained a legacy of one hundred dollars “ and my personal property ” to Anstres R. Folsom. It then provided that “if Anstres R. Folsom . . . . decease previous to myself, Mehitable S. Rogers, I give and bequeath the same, viz. $100 and my personal property to Agnes T. Hooper and Martha N. Hooper.”
The statute of .1821, c. 38, § 2, required a will “ to be attested and subscribed in the presence of the testator by three credible…
2Cases cited1 opinion
- Hitchcock v. ShawMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Klein v. FraserMontana Supreme Court · 1907
- RichburgSupreme Judicial Court of Maine · 1952
- In Re Paradis'willSupreme Judicial Court of Maine · 1952
- CoySupreme Judicial Court of Maine · 1927
- First Portland National BankSupreme Judicial Court of Maine · 1959
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