Roberts v. Welch
Supreme Court of Vermont
Appeal from a decree of the probate court, establishing a certain instrument as the last will and testament of Jonathan Welch, deceased. The defence was, that said instrument was not executed in accordance with the statute. The issue was tried by the court, at the June term, 1878, Ross J., presiding.
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Appeal from a decree of the probate court, establishing a certain instrument as the last will and testament of Jonathan Welch, deceased. The defence was, that said instrument was not executed in accordance with the statute. The issue was tried by the court, at the June term, 1878, Ross J., presiding. Said instrument was dated March 16, 1869. From the evidence the court found, that the decedent, at the time of the execution of said instrument, was of sound and disposing mind, and signed the same; that J. R. Darling, who drew said instrument, Henry Eggleston, and Olive Plummer, also signed it…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
I. The burden of proof that this instrument is the last will and testament of Jonathan Welch, is upon the proponents. Williams, exr. v. Robinson, 42 Vt. 658.
The defendants denied that said instrument was executed as a will -in accordance with the requirements of the statute. The issue thus made, was, by agreement, tried by the court. And the facts found by the court, on exceptions, are as conclusive as if established by a verdict of a jury. This court sits in error upon matters of law ; and it would be without its province, to canvass the…
2Cases cited2 opinions
- Williams v. RobinsonSupreme Court of Vermont · 1870
- Ex parte LeroyNew York Surrogate's Court · 1855
3Cited by11 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- In re Dougherty's EstateMichigan Supreme Court · 1912
- In Re Estate of EmartCalifornia Supreme Court · 1917
- In re Barney's WillSupreme Court of Vermont · 1898
- In re Claflin's WillSupreme Court of Vermont · 1902
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