Gould v. Safford's Estate
Supreme Court of Vermont
This was an appeal from the decree of the probate- court, allowing the probate of the nuncupative will of Joseph .Pi Safford. Trial by court at the December Term, 1864, Aldis, J., presiding. The following facts were admitted in the case : — Joseph P. Safford,. the deceased, enlisted as a soldier in the third regiment of Vermont Volunteers, company E., from Elmore, Vermont.
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This was an appeal from the decree of the probate- court, allowing the probate of the nuncupative will of Joseph .Pi Safford. Trial by court at the December Term, 1864, Aldis, J., presiding. The following facts were admitted in the case : — Joseph P. Safford,. the deceased, enlisted as a soldier in the third regiment of Vermont Volunteers, company E., from Elmore, Vermont. He was mustered into service at St. Johnsbury, Vermont, on the 16th of July, 1861, started for Washington the last of July, and went immediately to the front. He had an own brother, Charles, a half brother, Jed P., and a…
1Opinion of the Court
At the present term the opinion of the court was delivered by
Kellogg, J.
The question in this case is whether the deelara-larations and requests of the deceased, Joseph P. Safford, to the witness, Frank A. Olmstead in respect to the disposition of his estate after his decease, should have effect as a valid testamentary disposition of his personal estate on the facts found by the county court. The ground upon which it is claimed that these declarations and requests were effectual as a nuncupative will is that, at the time when the same were made, the deceased was “ a soldier in actual military…
2Cited by4 opinions
- Pierce v. PierceIndiana Supreme Court · 1874
- Morse v. LowSupreme Court of Vermont · 1872
- In Re Estate of DreyfusCalifornia Supreme Court · 1917
- In Re McGarry's EstateMichigan Supreme Court · 1928