Adams v. Field
Supreme Court of Vermont
Appeal from a decree of the probate Court for the district of Fairhaven, approving and allowing an instrument in writing, presented by Seneca Field, the appellee, the executor therein named, for probate, as the last will and testament of Samuel Adams, late of Westhaven, deceased.
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Appeal from a decree of the probate Court for the district of Fairhaven, approving and allowing an instrument in writing, presented by Seneca Field, the appellee, the executor therein named, for probate, as the last will and testament of Samuel Adams, late of Westhaven, deceased. The objections filed by the appellant were, that the said instrument in writing was not signed by the said Samr uel Adams, nor by any other person in his presence and by his express direction ; and that the said instrument was not attested and subscribed by three credible witnesses in the presence of the said. Samuel…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question saved in the county court, in relation to the admission or rejection of testimony, which has been insisted upon in this court, is the one in relation to the comparison of hands. In England it was long held, that a comparison of hand writing was not admissible; but I think, that rule has been modified by modern decisions; and at the present day it would seem their courts admit in evidence comparison of hands, but confine it to documents, which are proved to be genuine, and which are in evidence on the trial of the cause for…
2Cases cited3 opinions
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Sarah Miles' WillCourt of Appeals of Kentucky · 1836
- State v. WatkinsSupreme Court of Connecticut · 1831
3Cited by65 opinions
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Newton v. Emerson, Talcott & Co.Texas Supreme Court · 1886
- In re Estate of CoteSupreme Court of Vermont · 2004
- Fall v. HazelriggIndiana Supreme Court · 1874
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
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