Heirs of Blanchard v. Heirs of Blanchard
Supreme Court of Vermont
Appeal from the decision of the probate court for the district of Randolph, refusing the probate of an instrument purporting to be the last will and testament of Barnard Blanchard.
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Appeal from the decision of the probate court for the district of Randolph, refusing the probate of an instrument purporting to be the last will and testament of Barnard Blanchard. It appeared that one of the three attesting witnesses to the will, though present in the same room when the testator and the other witnesses signed their names to the same, did not actually see one of the other witnesses make his signature, being engaged in looking in another direction at that time. The defendants offered to prove that about ten days before the death of the testator, he procured the will-in…
1Opinion of the CourtBennett, J.
This case involves the validity of the execution of the will of Barnard Blanchard, and also a question whether it had been revoked by him. Our statute requires that wills, in order to be effectual to pass any estate, either real or personal, should be in writing, and signed by the testator or some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses, in the presence of the testator and of each other. And they are not to be revoked unless by implication of law, or by some will, codicil or other writing executed in the same…
2Cited by15 opinions
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- Bohleber v. RebstockIllinois Supreme Court · 1912
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