Ratigan v. Judge
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court of the County of Worcester, allowing a certain instrument as the will of one Lackey Judge. The case was sent to the Superior Court for the trial of issues framed by a justice of this court. The issues were as follows : “ First. Was the instrument propounded as the last will and testament of Lackey Judge duly executed in accordance with law? Second.
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Appeal from a decree of the Probate Court of the County of Worcester, allowing a certain instrument as the will of one Lackey Judge. The case was sent to the Superior Court for the trial of issues framed by a justice of this court. The issues were as follows : “ First. Was the instrument propounded as the last will and testament of Lackey Judge duly executed in accordance with law? Second. Was the said Lackey Judge, at the time of the execu-. tian of said will, of sound mind? Third. Was said Lackey Judge procured to execute said will by fraud and undue influence exercised upon him by Andrew…
1Opinion of the CourtBarker, J.
The question, “ Was he subject to delusions or hallucinations ? ” required of the deponent an opinion upon the mental condition of the testator. See Clark v. Clark, 168 Mass. 523, and cases cited.
Exceptions overruled.
2Cases cited1 opinion
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
3Cited by3 opinions
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Hollingworth v. KresgeSupreme Court of Rhode Island · 1927
- Kopinos v. Sommer's Transfer Co., Inc.Supreme Court of Rhode Island · 1934