In re Gould's Will
Supreme Court of Vermont
Appeal by the proponent, Benjamin F. Gould, from a decree of the Probate Court refusing the allowance of a certain written instrument as the last will and testament of William F. Gould, deceased. Trial by jury, Windham County, September Term, 1899, Munson, J., presiding. Yerdict was directed, strictly proforma, for the contestants. Judgment on verdict. The proponent excepted.
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Appeal by the proponent, Benjamin F. Gould, from a decree of the Probate Court refusing the allowance of a certain written instrument as the last will and testament of William F. Gould, deceased. Trial by jury, Windham County, September Term, 1899, Munson, J., presiding. Yerdict was directed, strictly proforma, for the contestants. Judgment on verdict. The proponent excepted. The contestants relied upon the revocation of the will offered for probate, by a subsequent will which made a disposition of the testator’s property different from that made by the will offered. They showed the…
1Opinion of the CourtTyler, J.
It was the settled rule in England prior to the statute, 1 Yict. ch. 26, enacted in 1837, that where the testator kept his first will undestroyed and uncancelled, made a second will by which he virtually or expressly revoked the first, and then destroyed or cancelled the second, thus repealing his revocation, the first will thereupon revived and continued in force. The ecclesiastical courts, however, held that the presumption was against the revival of the prior will, and placed the overcoming the presumption upon the proponents of the will. This doctrine *318was afterwards modified, and the…
2Cases cited14 opinions
- Cheever v. NorthMichigan Supreme Court · 1895
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
- Warner v. Warner's EstateSupreme Court of Vermont · 1864
- McClure v. McClureTennessee Supreme Court · 1887
- Sewall v. RobbinsMassachusetts Supreme Judicial Court · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- Dougherty v. HolscheiderCourt of Appeals of Texas · 1905
- Poindexter v. JonesSupreme Court of Virginia · 1958
- Collins v. CollinsOhio Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.