Stone v. Damon
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the Probate Court of this county, disallowing a certain instrument, offered for probate as the last will and testament of Isaac Stone, deceased. The question being on the sanity of the testator, an issue was formed to the country, which was tried before the whole Court, pursuant to the statute.
Read the full summary
This was an appeal from a decree of the Probate Court of this county, disallowing a certain instrument, offered for probate as the last will and testament of Isaac Stone, deceased. The question being on the sanity of the testator, an issue was formed to the country, which was tried before the whole Court, pursuant to the statute. The will was dated the 1st of July, 1811. It appeared that upon an inquisition duly made, in April, 1808, under the statute of 1783, c. 38, § 3, the testator was found to be non compos, and a guardian was assigned to him by the judge of probate. The Court permitted…
1Opinion of the Court
The Court afterwards confirmed the opinion they had expressed on the trial. They observed, that, in the case cited, the question turned on the right of the guardian to prosecute and defend actions, and to transact the business of his ward ; that it would be inconvenient and unjust, if one who had paid his debt to a guardian should be liable to pay the same again to the ward, upon proof that he had previously recovered his reason ; or, if a guardian, when suing for a debt due to his ward, should be required to prove all the facts on which the decree of the judge of probate was founded. That,…
2Cited by2 opinions
- Ames v. AmesOregon Supreme Court · 1902
- In re the Estate of His Late Majesty LunaliloHawaii Supreme Court · 1874