Crocker v. Chase's Estate
Supreme Court of Vermont
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.
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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
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Cram v. CramSupreme Court of Vermont · 1860
- Robinson v. HutchinsonSupreme Court of Vermont · 1853
3Cited by15 opinions
- Scott v. TownsendTexas Supreme Court · 1914
- Scott v. TownsendTexas Supreme Court · 1914
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- In re Esterbrook's WillSupreme Court of Vermont · 1910
- In Re Everett's WillSupreme Court of Vermont · 1933
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