Williams v. Robinson
Supreme Court of Vermont
This was an appeal from the decision of the probate court, allowing the will of John Eobinson. The appellant pleaded: First, that the said John Eobinson, at the time of making his said will, was not of sound mind. Secondly, that the. said Lewis Williams, by undue influence, procured the said John Eobinson to make said will. Thirdly, that before the making of said will, the probate court for the district of Manchester, adjudged the said John Eobinson to be insane.
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This was an appeal from the decision of the probate court, allowing the will of John Eobinson. The appellant pleaded: First, that the said John Eobinson, at the time of making his said will, was not of sound mind. Secondly, that the. said Lewis Williams, by undue influence, procured the said John Eobinson to make said will. Thirdly, that before the making of said will, the probate court for the district of Manchester, adjudged the said John Eobinson to be insane. And fourthly, that the probate court, upon an application representing said John to be insane, appointed a guardian over him and…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In order to render a former adjudication conclusive upon the present matter in issue, the same matter should have constituted the subject of such former adjudication, and the issue in the former case should have been between the parties to the present issue, or such a relation of privity should exist as to place the present parties in the same legal relation to the former adjudication as if they had been the actual parties.
For the purpose of determining whether the two pleas in question in this case are sufficient, it does not become…
2Cited by8 opinions
- Gilmer v. BrownSupreme Court of Virginia · 1947
- Waddy v. GrimesSupreme Court of Virginia · 1930
- In re the Estate of WeedmanIllinois Supreme Court · 1912
- In Re Estate of Wah-Kon-Tah-He-Um-PahSupreme Court of Oklahoma · 1924
- Exendine v. CornSupreme Court of Oklahoma · 1924
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