Legal Opinion

Sturdevant's Appeal from Probate

Supreme Court of Connecticut

Decided January 4, 1899PublishedCited by 21 opinions

Appeal from an order and decree of the Court of Probate for the district of Brookfield, approving and admitting to probate a certain instrument as the last will and testament of Emeline Sturdevant of Brookfield, deceased, taken to the Superior Court in Fairfield County and tried to the jury before Robinson, J.; verdict and judgment sustaining the will, and appeal by the contestant for alleged errors in the rulings and charge of the court.

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Appeal from an order and decree of the Court of Probate for the district of Brookfield, approving and admitting to probate a certain instrument as the last will and testament of Emeline Sturdevant of Brookfield, deceased, taken to the Superior Court in Fairfield County and tried to the jury before Robinson, J.; verdict and judgment sustaining the will, and appeal by the contestant for alleged errors in the rulings and charge of the court. The reasons of the appeal from probate were want of testamentary capacity, undue influence, and that the pretended will was never in fact signed by the…

1Opinion of the CourtBaldwin, J.

The questions put to Mrs. Sturdevant, in order to bring out admissions showing her bias and active connection with the suit, having been answered in the negative, there is no occasion to pass upon their admissibility.

*396Evidence that the testatrix was afflicted upon one leg with ulcers and also by varicose veins in 1892, and that if the latter disease once fastened on persons of her age, it ordinarily continued through life and increased, was relevant to show her probable condition in this respect in 1893 ; and its admission was proper in rebuttal of the testimony that in the latter year this…

2Cases cited4 opinions

  1. State v. MainSupreme Court of Connecticut · 1897
  2. State v. FettererSupreme Court of Connecticut · 1894
  3. KimberlySupreme Court of Connecticut · 1896
  4. State v. SmithSupreme Court of Connecticut · 1894

3Cited by21 opinions

  1. Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
  2. Jackson v. WallerSupreme Court of Connecticut · 1940
  3. Weidlich v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1919
  4. Kreis v. OwensNew Jersey Superior Court Appellate Division · 1955
  5. Anderson & McPadden, Inc. v. TunucciSupreme Court of Connecticut · 1975

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