Dunham's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of a court of probate approving the will of Lucy Kelsey. The appellants claimed, and offered evidence to prove, that Lucy Kelsey, at the time when she executed the instrument, was not of sound mind, but that she then was and had long been insane; and especially they claimed, and offered evidence to prove, that she entertained an unreasonable aversion to her sisters, who were her heirs at law, and that this aversion was wholly the result of an insane…
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Appeal from a decree of a court of probate approving the will of Lucy Kelsey. The appellants claimed, and offered evidence to prove, that Lucy Kelsey, at the time when she executed the instrument, was not of sound mind, but that she then was and had long been insane; and especially they claimed, and offered evidence to prove, that she entertained an unreasonable aversion to her sisters, who were her heirs at law, and that this aversion was wholly the result of an insane delusion. In support of this claim one of the sisters, introduced as a witness by the appellants, testified that all the…
1Opinion of the CourtEllsworth, J.
Several questions have been made in this case which we will consider in the order in which they are presented.
1. It is claimed by the appellants that the testimony of Peck, a witness who was called by the appellees, was improperly admitted. He testified that Abby Smith, a sister of the testatrix, a few days before the death of the latter, while returning from the house where she was sick, on being asked by him how the testatrix was, replied, “ She is too ugly to die yet.” This we think was properly received, to show the feelings of the said Abby towards her sick sister at that time. Language…
2Cases cited3 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Stewart's v. LispenardNew York Supreme Court · 1841
- Grant v. ThompsonSupreme Court of Connecticut · 1822
3Cited by33 opinions
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Estate of DolbeerCalifornia Supreme Court · 1906
- State v. PikeSupreme Court of New Hampshire · 1870
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
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