In re Hathaway's Will
Supreme Court of Vermont
Appeal from a decree of the Probate Court allowing an instrument as the will of Sylindia B. Hathaway. Trial by jury at the June Terra, 1902, Windsor County, Haselton, J., presiding. Verdict and judgment thereon sustaining the will. The defendants excepted. The trial Court erred in admitting the wife of the person named as executor in the proposed will as a witness in support thereof.
Read the full summary
Appeal from a decree of the Probate Court allowing an instrument as the will of Sylindia B. Hathaway. Trial by jury at the June Terra, 1902, Windsor County, Haselton, J., presiding. Verdict and judgment thereon sustaining the will. The defendants excepted. The trial Court erred in admitting the wife of the person named as executor in the proposed will as a witness in support thereof. Crocker v. Chase’s Bstate, 57 Vt. 413. It may be claimed that a person merely named as executor and not duly appointed is not entitled to act as proponent. He seems to be regarded as liable for costs. Wyman v.…
1Opinion of the CourtStafford, J.
The will in dispute was established in the County Court, and the questions before us arise upon exceptions taken by the contestants to rulings and instructions during the trial.
The first question is whether the wife of the person named in the will as executor was properly permitted to testify. Charles H. English, the person so named, drew the will and had the custody of it until after the death of the testatrix, when, as the statute required, he left it with the Probate Court and thereafter had nothing to do with it or with the estate. He never accepted or declined the trust, nor ever gave *142a…
2Cases cited3 opinions
- Crocker v. Chase's EstateSupreme Court of Vermont · 1885
- Rhode Island Hospital Trust Co. v. HarrisSupreme Court of Rhode Island · 1898
- In re Nelson's willSupreme Court of Vermont · 1897
3Cited by4 opinions
- Merrihew's Admr. v. GoodspeedSupreme Court of Vermont · 1929
- Gould v. GouldSupreme Court of Vermont · 1939
- Lambert v. Equinox House, Inc.Supreme Court of Vermont · 1967
- Everett v. WingSupreme Court of Vermont · 1931