Legal Opinion

Livingston's Appeal From Probate

Supreme Court of Connecticut

Decided April 7, 1893PublishedCited by 34 opinions

Appeal from a probate decree approving the will of Julia Gibbons, deceased; taken to the Superior Court in Windham County, and tried to the jury before J. M. Sail, <7. Verdict sustaining the will, and appeal to this court by the original appellants. The case is fully stated in the opinion. 1. The first reason of appeal assigned is that the court erred in refusing to allow the appellants to open and close the argument in the Superior Court.

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Appeal from a probate decree approving the will of Julia Gibbons, deceased; taken to the Superior Court in Windham County, and tried to the jury before J. M. Sail, <7. Verdict sustaining the will, and appeal to this court by the original appellants. The case is fully stated in the opinion. 1. The first reason of appeal assigned is that the court erred in refusing to allow the appellants to open and close the argument in the Superior Court. The rules of practice provide that “ the counsel in support of the affirmative of an issue of fact will be entitled to begin the trial and to open and…

1Opinion of the CourtFenN, J.

An instrument purporting to be the last will of one Julia Gibbons having been proved and approved by the court of probate for the district of Thompson, an appeal from the order and decree of said court was taken to the Superior Court, where the case was tried to the jury, who rendered a verdict sustaining the will, which was accepted by the court, and judgment rendered thereon. An appeal was taken from that judgment to this court. The appellants, in the Superior Court, filed a single reason of appeal, to the effect that the instrument was not the last will and testament of said Julia Gibbons,…

2Cases cited8 opinions

  1. Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
  2. Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
  3. St. Leger's Appeal from ProbateSupreme Court of Connecticut · 1867
  4. Richmond Appeal from ProbateSupreme Court of Connecticut · 1890
  5. Young v. Newark Fire InsuranceSupreme Court of Connecticut · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. In Re Estate of KilbornCalifornia Supreme Court · 1912
  2. Palmer v. ReevesSupreme Court of Connecticut · 1935
  3. Avery, Appeal From ProbateSupreme Court of Connecticut · 1933
  4. Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
  5. Shulman v. ShulmanSupreme Court of Connecticut · 1963

29 more not listed; retrieve them via the Exa API.

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