Boardman v. Woodman
Supreme Court of New Hampshire
Issues on an appeal from the decree of the judge of probate allowing the will and codicil of Margaret Blydenburgh. The issues joined were: 1st. That Margaret, at the times of making, &c., was not of sane mind; 2d. That she was induced to make the will, &c., by undue influence. 1. The court ruled that the executor was entitled to open and close, and to this the appellant excepted.
Read the full summary
Issues on an appeal from the decree of the judge of probate allowing the will and codicil of Margaret Blydenburgh. The issues joined were: 1st. That Margaret, at the times of making, &c., was not of sane mind; 2d. That she was induced to make the will, &c., by undue influence. 1. The court ruled that the executor was entitled to open and close, and to this the appellant excepted. The will was executed May 30, 1849, and the codicil June 13, 1855. Margaret died Jan. 1, 1862, unmarried, and aged nearly 74. Her heirs at law are John Boardman, Martha Smith, and Mary J. S. Woodman, children of her…
1Opinion of the CourtSargent, J.
In Judge of Probate v. Stone, 44 N. H. 593, it was held that the party on whom the burden of proof in the first instance devolved was entitled to open and close ; that to determine which party is to begin, and of course which shall close, is to consider which would get the verdict, if no evidence were given on either side, and the right to begin is with the one who in that way would lose his case; and that a verdict will be set aside when the court at the trial has given the close to a party not entitled to it.
In this case the issues sent from the law term were joined upon averments of…
2Cases cited1 opinion
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
3Cited by12 opinions
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- State v. PlanteSupreme Court of New Hampshire · 1991
- Canney v. Travelers Insurance Co.Supreme Court of New Hampshire · 1970
- Pattee v. WhitcombSupreme Court of New Hampshire · 1903
- Hilco Property Services, Inc. v. United StatesDistrict Court, D. New Hampshire · 1996
7 more not listed; retrieve them via the Exa API.