Curtiss v. Strong
Supreme Court of Connecticut
MOTION for a new trial. This was an appeal from a decree of probate establishing the last will and testament of Noah Norton, t , ., deceased. The appellee was the executor, and the appellant one of the heirs at law. The reasons assigned by the appellant were, first, that the testator was not of sound mind and memory; and, secondly, that the will was not witnessed by three witnesses. The court found the latter allegation to be true; and disaffirmed the decree of probate.
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MOTION for a new trial. This was an appeal from a decree of probate establishing the last will and testament of Noah Norton, t , ., deceased. The appellee was the executor, and the appellant one of the heirs at law. The reasons assigned by the appellant were, first, that the testator was not of sound mind and memory; and, secondly, that the will was not witnessed by three witnesses. The court found the latter allegation to be true; and disaffirmed the decree of probate. On the trial before the court, the appellee, to prove the execution of the will, offered as a witness Ebenezer Robinson, who…
1Opinion of the Court
By the Court.
Every person who does not believe in the obligation of an oath, and a future state of rewards and punishments, or any accountability after death for his conduct, is by law excluded from being a witness; for to such a person the law presumes no credit is to be given. Testimony is not to be received from any person in a court of justice, but under the sanction of an oath. It would therefore be idle to administer an oath to a man who disregards its obligation. And every person who believes in the obligation of an oath, &c. whatever may be his religious creed, whether Christian,…
2Cited by13 opinions
- Cologne v. Westfarms AssociatesSupreme Court of Connecticut · 1985
- Brock v. MilliganOhio Supreme Court · 1840
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- State v. SalafiaConnecticut Superior Court · 1971
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