Denslow v. Moore
Supreme Court of Connecticut
In the Court below, On an appeal from Probate, the reasons assigned were, 1. 'That the pretended will of Keziah Barber contains a devise of real estate, and was not subscribed by three witnesses signing in the presence of the testator. 2. That Reuben Denslow, the sole devisee, “did, by “ threats and flattery, induce and coerce Keziah Barber to “ subscribe and execute the writing claimed to be her last « will.”
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In the Court below, On an appeal from Probate, the reasons assigned were, 1. 'That the pretended will of Keziah Barber contains a devise of real estate, and was not subscribed by three witnesses signing in the presence of the testator. 2. That Reuben Denslow, the sole devisee, “did, by “ threats and flattery, induce and coerce Keziah Barber to “ subscribe and execute the writing claimed to be her last « will.” The first of these reasons was found in favor of the appellee, and the second in favor of the appellant, the finding being expressed in the words of the assignment. The decree of the…
1Opinion of the Court
By the Court,
unanimously, the judgment was affirmed.
*211. Tlie decree of the Court of Probate, from which the appeal was taken, is sufficiently ascertained, by the finding of the Superior Court. To have gone into a further detail, would have been, both unprecedented, and useless. But if otherwise, and the whole record was supposed not to be before the Court, it was the duty of the plaintiff in error, to have taken notice of this, by alleging a diminution of the record, and had the whole brought before the Court. If, however, the exception is well founded, the reversal can have no operation on the…
2Cited by3 opinions
- Murphy v. Elms HotelSupreme Court of Connecticut · 1926
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- Zimmerman v. ZimmermanSupreme Court of Pennsylvania · 1854