In re Estate of Clogston
Supreme Court of Vermont
Appeal from a decree of probate court disallowing an instrument as the last will and testament of Joseph D. Clogston. Pleas, defective execution, incapacity and undue influence. Trial by jury at the September Term, 1917, "Washington County, Slack, J., presiding. Verdict and judgment for the contestants. The proponents excepted. The opinion states the case.
1DissentMiles, J.
For several reasons I cannot agree with my Associates in the disposition made of proponents ’ tenth exception. • i(1) The record shows no objection or exception to the question to Judge Martin which was answered, nor to the answer given to that question, and for verification of this statement, I quote below all that appears in the record before us upon that exception, which is as follows: “Q. Now, was there any objection by Mr. Clogston (the testator) or his counsel to the appointment of a guardian? (Objected to.) Laird: We claim that Mr. Theriault has testified that he made this will and…
2Cases cited11 opinions
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Tenney v. HarveySupreme Court of Vermont · 1891
- Crocker v. Chase's EstateSupreme Court of Vermont · 1885
- Green v. LaClairSupreme Court of Vermont · 1915
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