Batchelder v. Batchelder
Massachusetts Supreme Judicial Court
Appeal by the heirs at law of Henry L. Batchelder from a decree of the Probate Court allowing the will of said Batchelder. At the hearing, before 0. Allen, J., the jury returned a verdict for the executors; and the appellants alleged exceptions to the exclusion of certain evidence, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
1. The testimony of Mrs. Winslow, that Mrs. Sears, a witness called by the appellants, had made statements inconsistent with her testimony at the trial, was properly *2excluded, for two reasons. The circumstances of the supposed statement sufficient to designate the particular occasion were not mentioned to the witness. But, further, the testimony of Mrs. Sears, which the appellants sought to contradict, was immaterial. Mrs. Sears was called by the appellants, and testified that, in a conversation in regard to a will with Mrs. Batchelder, the wife of the testator, who was alleged to have…
2Cases cited2 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Force v. MartinMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- In re the Estate of ShellSupreme Court of Colorado · 1900
- In re Estate of FlintCalifornia Supreme Court · 1893
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Fulton v. FreelandSupreme Court of Missouri · 1909
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