Withee v. Rowe
Supreme Judicial Court of Maine
Motion for a new trial, and Exceptions to the ruling of Appleton, J. This case was an appeal from the decree of the Probate Court for the county of Penobscot, allowing and approving a certain instrument, as the last will and testament of Mary E. Withee. The following issues were framed and joined by the counsel for the parties, under the direction of the Court, and were submitted to the jury upon the evidence in the case.
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Motion for a new trial, and Exceptions to the ruling of Appleton, J. This case was an appeal from the decree of the Probate Court for the county of Penobscot, allowing and approving a certain instrument, as the last will and testament of Mary E. Withee. The following issues were framed and joined by the counsel for the parties, under the direction of the Court, and were submitted to the jury upon the evidence in the case. (1.) And now the said appellant comes, &c., and for plea, says that said supposed will was not signed by the said Mary Elizabeth Withee, or by some person in her presence…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney C. J.
It is provided in R. S. of 1851, c. 63, § 24, that, in appeals from the Judge of Probate to this Court, if, upon a hearing, any question of fact occurs proper for a trial by a jury, an issue may be formed for that purpose, under the direction of the Court, and so tried. This course is analogous to that pursued in equity courts, where a feigned issue is prepared under the direction of the chancellor, or other person who exercises his authority. If the court of chancery is distinct from the courts of common law, and having full equity…
2Cases cited1 opinion
- Germond v. GermondNew York Court of Chancery · 1822
3Cited by7 opinions
- Underwood v. ThurmanSupreme Court of Georgia · 1900
- In re Peck's EstateSupreme Court of Vermont · 1913
- Estate of MitchellSupreme Judicial Court of Maine · 1982
- State v. NeronSupreme Judicial Court of Maine · 1986
- Craigie v. McArthurU.S. Circuit Court for the District of Minnesota · 1877
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