Richardson v. Richardson
Supreme Court of Vermont
Appeal from the decision of the probate court for the district of Westminster, admitting to probate the last will of Warren B. Richardson, deceased. The cause was tried by jury at the September Term, 1860, Redpield, Ch. J., presiding.
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Appeal from the decision of the probate court for the district of Westminster, admitting to probate the last will of Warren B. Richardson, deceased. The cause was tried by jury at the September Term, 1860, Redpield, Ch. J., presiding. It appeared on trial that the instrument propounded was executed by the testator at Springfield, Vermont, on the 17th of September, 1857, in the presence of Henry Closson, Emily W. Closson, and Barna A. Cook, who subscribed their names thereunto as witnesses. The appellees having proved the execution of the will by the above named witnesses, proposed to read the…
1Opinion of the Court
Poland, Ch. J.
The first question, whether an executor, who takes no benefit under a will, is a good witness to its execution, seems very well settled by authority.
It was so decided in Sears v. Dillingham, 12 Mass. 358, where the precise point was before the court, and under a statute identical with our own. It is said by Ch. J. Parker in that case, that such is the English rule. And it seems to have been settled so in the case of Phipps et al. v. Pitcher, 6 Taunt. 220, (E. C. L. 1 Vol. 363,) which was a case sent to the court of common pleas from the court of chancery for their opinion on the…
2Cases cited3 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Robinson v. HutchinsonSupreme Court of Vermont · 1853
- Vansant v. BoileauSupreme Court of Pennsylvania · 1808
3Cited by6 opinions
- Herster v. HersterSupreme Court of Pennsylvania · 1889
- Hiatt v. McColleyIndiana Supreme Court · 1908
- Salyers v. SalyersSupreme Court of Virginia · 1947
- Smith v. JonesSupreme Court of Vermont · 1896
- Wyman v. SymmesMassachusetts Supreme Judicial Court · 1865
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