Warner v. Warner's Estate
Supreme Court of Vermont
This was an appeal from a decree of the probate court disallowing the will of Isaac Warner deceased, and was tried by the jury at the Chittenden County Court, April Term, 1863, Pierpoint, J., presiding, upon the plea, that the paper propounded was not the last will and testament of the said deceased.
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This was an appeal from a decree of the probate court disallowing the will of Isaac Warner deceased, and was tried by the jury at the Chittenden County Court, April Term, 1863, Pierpoint, J., presiding, upon the plea, that the paper propounded was not the last will and testament of the said deceased. The proponent introduced testimony tending to prove that two days before the death of said deceased, during his last sickness, he said to his wife (the proponent) that she would find in a trunk where he kept his papers, a will made out by him for her benefit; and that some three weeks after his…
1Opinion of the CourtBarrett, J.
The main question in this case is, whether the will was revoked by the act of the testator, in writing what he did on the second page of the instrument.
The statute prescribes the several and only modes in which a will, duly executed, may be revoked, viz : 1st, by some will, codicil or other writing. 2d, by burning, tearing, cancelling or obliterating. It is clear, and is conceded, that this will is not revoked by either of the first of said modes ; nor by either of the other modes, unless it be by cancelling. That is a mode by itself,' different and distinct from burning or obliterating,…
2Cases cited2 opinions
- Prince v. SmithMassachusetts Supreme Judicial Court · 1808
- Clark v. SmithNew York Supreme Court · 1861
3Cited by26 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- Giguere v. E. B. & A. C. Whiting Co.Supreme Court of Vermont · 1935
- Evans's AppealSupreme Court of Pennsylvania · 1868
- United States Ex Rel. Brown v. SmithDistrict Court, D. Vermont · 1962
- Worcester Bank & Trust Co. v. EllisMassachusetts Supreme Judicial Court · 1935
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