Thornton's Executors v. Thornton's Heirs
Supreme Court of Vermont
This case was an appeal from a decree of the probate court for the district of Fairhaven, approving and allowing a certain instrument in writing as and for the last will and testament of Stukely Thornton, late of Castleton, in said district, deceased.
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This case was an appeal from a decree of the probate court for the district of Fairhaven, approving and allowing a certain instrument in writing as and for the last will and testament of Stukely Thornton, late of Castleton, in said district, deceased. The instrument - in writing was propounded or presented for probate by Robert E. Maranville, the executor therein named, who is hereinafter referred to as the proponent, and the appeal was taken by Jeremiah Thornton-, Abel J. W. Thornton, Mariette Beach, and Lucy Downs, as heirs at law of said Stukely Thornton, deceased, and the appellants are…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
I. 1. In the county court, upon appeal from the probate court, on trial of the issue whether the probate should pass, the proponent of the will examined two of the attesting witnesses and produced the third, Dr. Woodward, but declined to examine him. The court ruled that the third must also be examined by the proponent. The third was accordingly under this order of the court examined, but only in respect to the formal execution of the will. Then, on cross-examination, the witness stated in substance, that the decedent was not, in his…
2Cases cited9 opinions
- Adams v. FieldSupreme Court of Vermont · 1849
- Lawrence v. BarkerNew York Supreme Court · 1830
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Chrisman v. CherismanOregon Supreme Court · 1888
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- State v. SlackSupreme Court of Vermont · 1897
- Blochowitz v. BlochowitzNebraska Supreme Court · 1932
- In re PageIllinois Supreme Court · 1886
22 more not listed; retrieve them via the Exa API.