Winslow v. Kimball
Supreme Judicial Court of Maine
On November 21, 1844, Andrew G. Winslow made his last will and testament, wherein he directed, that the principal portion of his estate should be divided into three equal parts, and that his brother, John Winslow, who now contests the validity of,the will, should have one part, and that his friends, Jeremiah Kimball and Edward Wheeler, Jr., who were made executors, should also each have a third.
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On November 21, 1844, Andrew G. Winslow made his last will and testament, wherein he directed, that the principal portion of his estate should be divided into three equal parts, and that his brother, John Winslow, who now contests the validity of,the will, should have one part, and that his friends, Jeremiah Kimball and Edward Wheeler, Jr., who were made executors, should also each have a third. The testator died in December, 1844, and in Feb. 1845, the will was approved and allowed by the judge of probate. John Winslow appealed from that decree. One of the three subscribing witnesses to the…
1Opinion of the Court
The opinion of the Court was drawn up by
WhitmaN C. J.
—This is an appeal from the decree of the judge of probate, for this county, approving the will of A. G. Winslow, deceased. The instrument was subscribed as usual by three attesting witnesses. But one of them was the wife of a legatee in- the will. And it is insisted, that this is not a case within the Rev. Stat. c. 92, § 5, rendering bequests to subscribing witnesses void, as the wife was not a legatee; and it must *495be admitted, that, nominally, she was not; and, upon a construction strictly literal, the ground relied upon might be tenable.…
2Cases cited1 opinion
- Jackson ex dem. Cooder v. WoodsNew York Supreme Court · 1799
3Cited by3 opinions
- Fisher v. SpenceIllinois Supreme Court · 1894
- Hodgman v. KittredgeSupreme Court of New Hampshire · 1892
- State v. California Mining Co.Nevada Supreme Court · 1878