Marston v. Marston
Superior Court of New Hampshire
Appear from a decree of the court of probate, disallowing a paper offered for probate as a codicil to the will of Samuel P. Marston, in these words: “ Charlestown, Mass., this twenty-sixth day of March, in the year A. D. eighteen hundred and forty-two ; witnesseth the subscriber, Samuel P. Marston, of Greenland, in the county of Rockingham, State of New-Hampshire, for divers good causes and valuable considerations hereunto moving me, I do promise to pay my nephew, Andrew B.…
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Appear from a decree of the court of probate, disallowing a paper offered for probate as a codicil to the will of Samuel P. Marston, in these words: “ Charlestown, Mass., this twenty-sixth day of March, in the year A. D. eighteen hundred and forty-two ; witnesseth the subscriber, Samuel P. Marston, of Greenland, in the county of Rockingham, State of New-Hampshire, for divers good causes and valuable considerations hereunto moving me, I do promise to pay my nephew, Andrew B. Marston, son of John P. Marston, of Charlestown, the sum of fifteen hundred dollars, with interest thereon, or to his…
1Opinion of the CourtParker, C. J.
It does not appear from the report that there was any objection at the trial to the admissibility of the testimony. If there had been, it must have been overruled, the declarations of S. P. Marston being made at the time when be executed, and when he delivered the paper, and tending to show the character of those acts. It comes within the familiar principle which admits declarations as a part of the res gestee.
The question whether this instrument can be admitted to probate, as a testamentary paper, and operate as a codicil to the will of S. P. Marston, is one of more difficulty. The…
2Cases cited1 opinion
- Brown's Ex'r. v. TildenCourt of Appeals of Maryland · 1822
3Cited by2 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881