Jenkins v. Weston
Massachusetts Supreme Judicial Court
Appeal from, a decree of the Probate Court disallowing the will of William H. Weston late of Boston. The case was tried in the Supreme Judicial Court before Rugg, J., upon the following issue framed for the jury : “ Was William H. Weston of sound and disposing mind and memory at the time of the execution of the instrument offered for probate as his last will and testament ? ” There were upon the record two contestants to the allowance of the will: Henry E. Weston, a brother…
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Appeal from, a decree of the Probate Court disallowing the will of William H. Weston late of Boston. The case was tried in the Supreme Judicial Court before Rugg, J., upon the following issue framed for the jury : “ Was William H. Weston of sound and disposing mind and memory at the time of the execution of the instrument offered for probate as his last will and testament ? ” There were upon the record two contestants to the allowance of the will: Henry E. Weston, a brother and next of kin of the testator, and Marland L. Pratt, a creditor. At the trial Henry E. Weston was represented by A.…
1Opinion of the CourtSheldon, J.
1. The petitioner’s exceptions to the admission of testimony cannot be sustained.
The telegrams admitted were objected to only as being too remote. But each one of them was within the limit of time which previously had been fixed by the single justice, so far as appears without objection by either party. Three of these telegrams, those sent by the alleged testator, come within the general doctrine that the appearance, acts, conduct and declarations of one whose mental condition is in issue may be put in evidence, if they are of such a character as to throw light upon that question, and if they…
2Cases cited13 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
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3Cited by18 opinions
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
- Butler v. MartinMassachusetts Supreme Judicial Court · 1923
- Crafts v. McCobbMassachusetts Supreme Judicial Court · 1939
13 more not listed; retrieve them via the Exa API.