Jones v. Larrabee
Supreme Judicial Court of Maine
On Exceptions. This was an appeal from a decree of the Judge of Probate for Androscoggin county, allowing and approving the last will and testament of Walter Jordan, deceased. The will was attested by James Weymouth, Sargeant Whittum and John L. Jordan, and was dated Nov. 15,1858. James Weymouth was named in the will as executor, and John L. Jordan was the brother of the testator.
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On Exceptions. This was an appeal from a decree of the Judge of Probate for Androscoggin county, allowing and approving the last will and testament of Walter Jordan, deceased. The will was attested by James Weymouth, Sargeant Whittum and John L. Jordan, and was dated Nov. 15,1858. James Weymouth was named in the will as executor, and John L. Jordan was the brother of the testator. The reasons of appeal werethat the will was not executed in the presence of three disinterested and credible witnesses; and that the will was void because it was not executed in conformity to the provisions of the…
1Opinion of the Court
Opinion by
Appleton, J.
By R. S., 1857, c. 74, § 1, wills to be valid must be subscribed in the presence of the testator “ by three disinterested and credible attesting witnesses.”
By “credible witnesses,” in the statute of wills, is meant competent witnesses. Hawes v. Humphrey, 9 Pick., 350; Haven v. Hilliard, 23 Pick., 10.
The objection taken to the due attestation of the will in question mainly relied upon, is, that John L. Jordan, one of the attesting witnesses, was the brother of Walter Jordan the testator.
It is urged that “ disinterested” means more than the mere absence or negation of…
2Cited by9 opinions
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