Warren v. Baxter
Supreme Judicial Court of Maine
On agreed statement. Appeal from a decree of the Judge of Probate of Cumberland county, approving and allowing the will of James Warren. The will contained a devise to the “ Methodist Episcopal Church and Society, worshipping at the Methodist meeting house in the Gorham Corner village.” The other facts bearing on the questions raised, are stated in the opinion.
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On agreed statement. Appeal from a decree of the Judge of Probate of Cumberland county, approving and allowing the will of James Warren. The will contained a devise to the “ Methodist Episcopal Church and Society, worshipping at the Methodist meeting house in the Gorham Corner village.” The other facts bearing on the questions raised, are stated in the opinion. The will was executed January 2, 1858, and is to be governed by the R. S., of 1857, (c. 74, § 1,) which varies from statute of 1841, (c. 92, § 2.) This will was not duly attested. The witnesses were neither disinterested nor credible,…
1Opinion of the Court
*194The opinion of the Court was drawn up by
Rice, J.
The only question presented for our determination is, whether the will of James Warren was duly attested by three disinterested and credible witnesses.
It is agreed that two of the witnesses to the will, Johnson and Pond, are now, and were at the time of the witnessing of the will, members of the Methodist Episcopal Church and Society, worshipping at the Methodist meeting house, in Gorham village, and that each owned one or more pews in- said meeting house, and that the other witness, Bailey, owned a pew in said meeting house and attended the…
2Cases cited1 opinion
- Amory v. FellowesMassachusetts Supreme Judicial Court · 1809
3Cited by6 opinions
- Adams v. First M. E. Church of Irving ParkIllinois Supreme Court · 1911
- RichburgSupreme Judicial Court of Maine · 1952
- CoySupreme Judicial Court of Maine · 1927
- Peters v. PetersCourt of Appeals for the D.C. Circuit · 1935
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875
1 more not listed; retrieve them via the Exa API.