Legal Opinion

Crocker v. Chase's Estate

Supreme Court of Vermont

Decided February 15, 1885PublishedCited by 15 opinions

Appeal from the decree of the Probate Court, admitting to probate the alleged last will and testament of Margaret C. Chase, deceased. Pleas, that the will was not duly executed, in that the testatrix was of unsound mind; and that it was executed through the undue influence of George Crocker and his wife, Jane Crocker. Trial by jury, May Term, 1883, Taft, J., presiding. Judgment for the defendant.

Read the full summary

Appeal from the decree of the Probate Court, admitting to probate the alleged last will and testament of Margaret C. Chase, deceased. Pleas, that the will was not duly executed, in that the testatrix was of unsound mind; and that it was executed through the undue influence of George Crocker and his wife, Jane Crocker. Trial by jury, May Term, 1883, Taft, J., presiding. Judgment for the defendant. The will in question was executed April 22, 1879. Evidence was given upon all the material issues. Judge Porter was offered as a witness by the contestants, and allowed to testify to declarations of…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The inquiry presented for consideration is,' whether the declarations of the testatrix, made subsequent to the execution of her will, and at a time when she was confessedly of sound mind, and tending to impeach her will, are admissible. The will in question was executed April 22, 1879, and the declarations offered in evidence were *419made in February and May, 1882. These declarations were admitted “for the sole pui-pose of showing- the state and weakness of her (the testatrix’s) mind at the time the instrument was executed.”

It is settled on…

2Cases cited3 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Cram v. CramSupreme Court of Vermont · 1860
  3. Robinson v. HutchinsonSupreme Court of Vermont · 1853

3Cited by15 opinions

  1. Scott v. TownsendTexas Supreme Court · 1914
  2. Scott v. TownsendTexas Supreme Court · 1914
  3. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  4. In re Esterbrook's WillSupreme Court of Vermont · 1910
  5. In Re Everett's WillSupreme Court of Vermont · 1933

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API