Edgerly v. Edgerly
Supreme Court of New Hampshire
Appeal, from a probate decree allowing the will of Mary F. Calef. Trial by jury. The issues were undue influence and insanity. Upon the first issue a verdict was ordered for the plaintiff, subject to exception. Upon the second issue the jury disagreed. Transferred from the November term, 1903, of the superior court by Peaslee, J. The parties are nephews and lieirs-at-law of the testatrix.
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Appeal, from a probate decree allowing the will of Mary F. Calef. Trial by jury. The issues were undue influence and insanity. Upon the first issue a verdict was ordered for the plaintiff, subject to exception. Upon the second issue the jury disagreed. Transferred from the November term, 1903, of the superior court by Peaslee, J. The parties are nephews and lieirs-at-law of the testatrix. There was evidence that she was equally fond of them and had expressed an intention of dying intestate. The will gives substantially all her property to the plaintiff, who lived in the same town with the…
1Opinion of the CourtYoung, J.
The question to be considered is not whether it is more probable than otherwise that Mrs. Calef’s will was procured by undue influence, but whether the evidence has any tendency to prove that it was so procured. The burden was on the plaintiff to show that it was not. Patten v. Cilley, 67 N. H. 520; Whitman v. Morey, 63 N. H. 448; Hardy v. Merrill, 56 N. H. 227; Boardman v. Woodman, 47 N. H. 120; Judge of Probate v. Stone, 44 N. H. 593; Perkins v. Perkins, 39 N. H. 163. Since this burden was on him, the mere absence of evidence would not authorize the court to order a verdict in his favor.…
2Cases cited15 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Maynard v. VintonMichigan Supreme Court · 1886
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Archer v. DowSupreme Court of New Hampshire · 1985
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- Connolly's CaseSupreme Court of New Hampshire · 1986
- Gaffney v. CoffeySupreme Court of New Hampshire · 1924
- Andersen v. AndersenSupreme Court of New Hampshire · 1984
3 more not listed; retrieve them via the Exa API.