Legal Opinion

Durant v. Starr

Massachusetts Supreme Judicial Court

Decided November 15, 1814PublishedCited by 5 opinions

This was an appeal from a decree of the judge of probate for this county, disallowing an instrument offered by the appellant, purporting to be the last will and testament of Abigail Starr, deceased. [ * 528 ] * An issue was formed for the jury upon the sanity of the supposed testatrix, at the time of her making the said supposed last will; and after the examination of the subscribing witnesses, and other testimony in support of the will, the appellant offered the Rev. Mr.…

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This was an appeal from a decree of the judge of probate for this county, disallowing an instrument offered by the appellant, purporting to be the last will and testament of Abigail Starr, deceased. [ * 528 ] * An issue was formed for the jury upon the sanity of the supposed testatrix, at the time of her making the said supposed last will; and after the examination of the subscribing witnesses, and other testimony in support of the will, the appellant offered the Rev. Mr. Grafton as a witness, who was nominated one of the executors of the will. The respondents objected to his admission. The…

1Opinion of the Court

But the Court

considered him an incompetent witness, and he was not admitted to testify, (a)

1 Phill. Ev. 69, 70, 7th edit. — Roscoe, Ev. 2d edit. 85. — Sears vs. Dillingham & Al. 12 Mass. Rep. 358. — Nason vs. Thatcher & Al. 7 Mass. Rep. 398.

2Cases cited1 opinion

  1. Nason v. ThatcherMassachusetts Supreme Judicial Court · 1811

3Cited by5 opinions

  1. Owens v. LewisIndiana Supreme Court · 1874
  2. Nance v. MenefeeSupreme Court of Oklahoma · 1925
  3. Taylor v. TownsendMassachusetts Supreme Judicial Court · 1812
  4. Williams v. WellsU.S. Circuit Court for the District of District of Columbia · 1842
  5. Williams v. WellsCourt of Appeals for the D.C. Circuit · 1842

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