White v. Riggs
Supreme Judicial Court of Maine
This was an appeal from a decree of the judge of probate for the county of Lincoln, approving an instrument as the last will of Benjamin Riggs, deceased. Benjamin L. White, •only, appealed from that decree, seasonably filed his bond, and ■the following reasons of appeal.
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This was an appeal from a decree of the judge of probate for the county of Lincoln, approving an instrument as the last will of Benjamin Riggs, deceased. Benjamin L. White, •only, appealed from that decree, seasonably filed his bond, and ■the following reasons of appeal. “ First Reason. — That said Benjamin Riggs, when he made the supposed last will and testament, from the decree approving •which, the appeal is claimed, was not of sound mind and not •of capacity to make any will. “ Second Reason. — That said instrument was never published by said Riggs, nor declared by him to be his last will…
1Opinion of the Court
At a subsequent day in the same term, the opinion of the court was given orally by
Shepley J.
It was said that the case found, that no public notice was given of the holding of a probate court at *117Georgetown, and that was not a place where probate courts were to be holden according to the provisions of the statute.
The court could have no jurisdiction of the question there, and it is not pretended that the will was approved at any other place.
The decree is not in the usual form, and does not on its face show that the court was legally holden ; and if it did, it was competent for the parties, as…
2Cited by7 opinions
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- WaittSupreme Judicial Court of Maine · 1943
- Myers v. East Bench Irr. Co.Utah Supreme Court · 1907
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