Whitman v. Morey
Supreme Court of New Hampshire
Appeau, by the plaintiff from a decree by the judge of probate disallowing the will of Rachel Sargent, deceased. The issues were, — (1) That the testatrix was not of sound and disposing mind; (2) that she was induced to execute the instrument by undue influence on the part of the plaintiff, of his wife, Mary W. Whitman, and of others, interested in tbe making of tbe same; (8) that it, was not signed and sealed by her, or by any person in her presence and by her express…
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Appeau, by the plaintiff from a decree by the judge of probate disallowing the will of Rachel Sargent, deceased. The issues were, — (1) That the testatrix was not of sound and disposing mind; (2) that she was induced to execute the instrument by undue influence on the part of the plaintiff, of his wife, Mary W. Whitman, and of others, interested in tbe making of tbe same; (8) that it, was not signed and sealed by her, or by any person in her presence and by her express direction. The will was executed December 12, 1881, and the testatrix died December 15, 1881, at the age of seventy years,…
1Opinion of the CourtSmith, J.
1. The remark of Strong, in his testimony, that “he understood, in order to have the will operate to give the property to the plaintiff, it would be necessary to name all-the heirs of the testatrix,” was competent evidence to show how the nominal legacies of one 'dollar got into the will. The will itself is competent evidence on the question of sanity. The evidence objected to was competent for either party. It tended to show that the nominal legacies were not inserted by Strong by direction of the testatrix.
2. Strong, a subscribing witness to the will, and the person who wrote it, was called…
2Cases cited1 opinion
- Way v. ButterworthMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Tyrrel v. StateIndiana Supreme Court · 1912
- Bedford School District v. Caron Construction Co.Supreme Court of New Hampshire · 1976
- State v. MannionSupreme Court of New Hampshire · 1927
- Pridham v. Cash & Carry Building Center, Inc.Supreme Court of New Hampshire · 1976
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