Comstock v. Hadlyme Ecclesiastical Society
Supreme Court of Connecticut
This was an appeal from the decree of the court of probate for the district of East-Haddam, establishing the will of Charity Parmelee, deceased. The appellants were Samuel P. Comstock, and Ann Comstock, grand-children of the testatrix; and the ecclesiastical society of Hadlyme were cited and appeared as appellees.
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This was an appeal from the decree of the court of probate for the district of East-Haddam, establishing the will of Charity Parmelee, deceased. The appellants were Samuel P. Comstock, and Ann Comstock, grand-children of the testatrix; and the ecclesiastical society of Hadlyme were cited and appeared as appellees. After directing the just debts and funeral expenses of the testatrix to be paid, the will proceeded thus: “Likewise, I give and bequeath to each of my two grand-children Samuel P. Comstock and Ann Comstock, children of my daughter Anna Comstock, deceased, to be by them respectively…
1Opinion of the CourtWilliams, J.
A new trial is moved for, first, because the court permitted the appellees to open and close the argument. *261The real question to be tried, was, whether there was a valid will; and this question was to be decided in the same manner as if it had not been decided in the court of probate. Those who claimed under the will, must, therefore, take upon themselves the burthen of proof; and they must not only prove, that the will was formally executed, but that the testator was of sound and disposing mind. And the rule is, that where there is a necessity for any proof, on the part of the plaintiff, he…
2Cases cited8 opinions
- Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
- Avery v. ChappelSupreme Court of Connecticut · 1826
- Dudley v. SumnerMassachusetts Supreme Judicial Court · 1804
- Bradford v. BoudinotU.S. Circuit Court for the District of Pennsylvania · 1811
- Sears v. DillinghamMassachusetts Supreme Judicial Court · 1815
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3Cited by77 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- State v. SaucierSupreme Court of Connecticut · 2007
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- McMechen v. McMechenWest Virginia Supreme Court · 1881
72 more not listed; retrieve them via the Exa API.