Eustis v. Parker
Superior Court of New Hampshire
THIS was an appeal from a decree of the judge of probate in this county, allowing a certain instrument as the will of the Rev. Edward Sprague. The parties agreed to submit the cause to the decision of the court upon the following facts.
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THIS was an appeal from a decree of the judge of probate in this county, allowing a certain instrument as the will of the Rev. Edward Sprague. The parties agreed to submit the cause to the decision of the court upon the following facts. The Rev. E. Sprague, being seized and possessed of real and personal estate to the value of 30,000 dollars, on the J ¡8th December, 1817, made the instrument offered for probate, in which he gave to the town of Dublin 5000 dollars •for the support of a minister of the congregational persuasion, — to his nephéws and nieces one dollar -each, — »to his wife, the…
1Per curiam
It is objected that the subscribing witnesses to the instrument now before us for probate are not “ credible witnesses” within the meaning of the statute — Laws 198 — , because at the time the ¡instrument was executed, they were, .and still are, inhabitants of Dublin, and members of the corporation to which a great part of , the property .'is to go, if it be allowed as a last will, and therefore directly interested. The word “ credible'11 is used in .the statute in the sense of competent.-5 Mass. R. 228. Amory vs. Fellows.-12 East. 250. Belison vs. Bromley.-Phillips' Evidence 375.-The…
2Cases cited3 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Dearborn v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851
- Congregational Society in Troy v. PerrySuperior Court of New Hampshire · 1833
- Ross v. CarlinoSupreme Court of New Hampshire · 1980