Williams v. Spencer
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court allowing the will of Polly Crosby, who died on June 3, 1888, and appointing the appellee, Hezekiah W. Williams, administrator of her estate with the will annexed. Trial in this court before Devens, J., who allowed a bill of exceptions, in substance as follows.
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Appeal from a decree of the Probate Court allowing the will of Polly Crosby, who died on June 3, 1888, and appointing the appellee, Hezekiah W. Williams, administrator of her estate with the will annexed. Trial in this court before Devens, J., who allowed a bill of exceptions, in substance as follows. The will was executed on March 25, 1885. This issue was submitted to the jury: Was Polly Crosby, at the time of the making and execution of this will, of sound and disposing mind and memory? The appellee called the attesting witnesses to the will, none of whom testified that the testatrix was in…
1Opinion of the CourtKxowlton, J.
How far the opinion of witnesses as to the mental condition of a testator may be received in evidence in proceedings to establish the validity of a will, is a question about which there is a great conflict of authority. In this Commonwealth, and in the courts of common law in England and in many of the States of this country, it is held that an ordinary witness cannot give a mere opinion, whatever opportunities of observation he may have had. On the other hand, in the ecclesiastical courts of England, and in many courts in the United States, *348all witnesses have been permitted to give, not only…
2Cases cited2 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
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