Legal Opinion

Brooks v. Barrett

Massachusetts Supreme Judicial Court

Decided October 17, 1828Published

This was an appeal from a decree of the judge of probate disapproving and disallowing an instrument offered as the will of Humphrey Barrett. The hearing upon the appeal was before Wilde J., and the issue to be tried was whether the testator was of sane mind. The appellees claimed the right to open and close, and that the jury should be instructed to find a verdict against the validity of the will if they should be left in doubt as to the testator’s sanity.

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This was an appeal from a decree of the judge of probate disapproving and disallowing an instrument offered as the will of Humphrey Barrett. The hearing upon the appeal was before Wilde J., and the issue to be tried was whether the testator was of sane mind. The appellees claimed the right to open and close, and that the jury should be instructed to find a verdict against the validity of the will if they should be left in doubt as to the testator’s sanity. The judge ruled that the appellants, who offered the will for probate, had the right to open and close ; and he instructed the jury, that…

1Opinion of the Court

The opinion of the Court was afterwards drawn up by

Parker C. J.

We are all of opinion that this verdict cannot be set aside as against the evidence, or the weight of the evidence, which means substantially the same thing; for it is not for the Court to weigh the evidence and pronounce against the verdict because in their opinion there was more weight in the other scale. There must be a decided preponderance against the scale adopted by the jury, to authorize the Court to interfere.

This is not a case of that sort. The witnesses who attested the will, testified that in their opinion the testator…

2Cases cited2 opinions

  1. Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
  2. Hubbard v. HubbardMassachusetts Supreme Judicial Court · 1810

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