Gibson v. Boston
Supreme Court of New Hampshire
Appeal, from the probate of the will of William H. Randall. Two issues were submitted to the jury: (1) Was the testator of sound mind? (2) Was the will produced by undue influence? The jury answered the first question in the negative and returned no answer to the second.
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Appeal, from the probate of the will of William H. Randall. Two issues were submitted to the jury: (1) Was the testator of sound mind? (2) Was the will produced by undue influence? The jury answered the first question in the negative and returned no answer to the second. Transferred from the June term, 1908, of the superior court by Ghamberlin, J. 1. Subject to exception, the defendants were permitted to ask two of the attesting witnesses what they had heard Gibson say in respect to writing a will for Randall. The first witness testified that Gibson said “he would start in to draw the will…
1Opinion of the CourtPeaslee, J.
1. The evidence excepted to appears to have been ruled in upon the theory that it was the admission of a party in interest, and so competent proof of the issues on trial. When it was first offered and objected to, counsel urged that “ what he said, if it was against his interest in sustaining this will, would be admissible.” The ruling of the court was: “You may put it in on that theory.” When it was offered through the second witness, the court said that the statements were those of “ Gibson, who was executor of the will and appears here as executor; and they are admitted, gentlemen, simply…
2Cases cited2 opinions
- Carpenter v. HatchSupreme Court of New Hampshire · 1888
- Hanson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
3Cited by1 opinion
- E. A. Strout Farm Agency v. HosfordSupreme Court of New Hampshire · 1925