Lord v. Lord
Supreme Court of New Hampshire
Probate Appeal. The appellants presented issues concerning the execution and attestation of a will, the sanity of the testator, and concerning undue influence, fraud, and deceit on the part of the executrix. Verdict for the executrix.
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Probate Appeal. The appellants presented issues concerning the execution and attestation of a will, the sanity of the testator, and concerning undue influence, fraud, and deceit on the part of the executrix. Verdict for the executrix. The evidence tended to show that the testator signed the will in the presence of the witnesses, and requested them to sign as witnesses, and declared the instrument to be his will; that one of the witnesses was a brother of the executrix, who is the principal legal residuary legatee, and that she had no father or mother living, and no children, and that at that…
1Opinion of the CourtFoster, J.
The term “ credible” witness, as used in the statute relating to the attestation of wills, means, simply, that the witness must be competent, or not disqualified at the time of the attestation, to be sworn and to testify in a court of justice. Carlton v. Carlton, 40 N. H. 14; Frink v. Pond, 46 N. H. 125; Hawes v. Humphrey, 9 Pick. 360; Haven v. Hilliard, 23 Pick. 10; Sparhawk v. Sparhawk, 10 Allen 166; Hindson v. Kersey, 1 Burr. 97; 1 Redf. Wills (4th ed.) *253. A witness, incompetent by reason of interest, is therefore not “ credible” (3 Saund. Pl. and Ev. 1265); — for our statute, providing…
2Cases cited3 opinions
- Upchurch v. UpchurchCourt of Appeals of Kentucky · 1855
- Jones v. TebbettsSupreme Judicial Court of Maine · 1870
- Nash v. ReedSupreme Judicial Court of Maine · 1858
3Cited by5 opinions
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Osgood v. MaxwellSupreme Court of New Hampshire · 1915
- Ross v. CarlinoSupreme Court of New Hampshire · 1979
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- In re Estate of MooreSupreme Court of Kansas · 2019