Cilley v. Cilley

The opinion of the Court, Shepley, C. J., Wells, Rice, Hathaway and Appleton, J. J., was drawn up by

Rice, J.

This case comes before us by appeal from a decree of the Judge of Probate, by which an instrument, purporting to be the last will and testament of Jonathan Cilley, jr., was approved and allowed.

It is contended by the appellant, that the decree of the Judge of Probate should be reversed, because it is alleged, that 'the deceased was not of sound mind, at the time he executed said instrument, and, because he never published the same as and for his last will and testament.

*163Section 1, chap.…