Goodwin v. Prime
Supreme Judicial Court of Maine
On Exceptions by Dependants. This was a petition for leave to file a probate appeal under R. S., c. 63, § 25. The decree of the probate court of York County, from which the petitioner asks leave to appeal under the above statute, was a decree entered in that probate court on November 2, A. D. 1897, admitting to probate two instruments, one purporting to be the last will and testament of Benjamin Kennard, and the other purporting to be a codicil to said last will and…
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On Exceptions by Dependants. This was a petition for leave to file a probate appeal under R. S., c. 63, § 25. The decree of the probate court of York County, from which the petitioner asks leave to appeal under the above statute, was a decree entered in that probate court on November 2, A. D. 1897, admitting to probate two instruments, one purporting to be the last will and testament of Benjamin Kennard, and the other purporting to be a codicil to said last will and testament. The petition for leave to enter the appeal was duly filed in the Supreme Court in York county during the .January…
1Opinion of the CourtEmery, J.
This was a petition under § 25, of c. 63, B. S., to the Supreme Court of Probate for leave to enter an appeal from a decree of the, court of probate for York county, the time within which such appeal could have been entered of right having expired. The decree sought to be reviewed allowed as valid an instrument purporting to be the will of Mr. Kennard in which Mr. Prime was named executor. The petitioner was an heir. The alleged error in the decree was in holding Mr. Kennard to have been of sound mind at the time of the execution of the supposed will.
At the hearing upon the petition before…
2Cases cited1 opinion
- Capen v. SkinnerMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Strater v. StraterSupreme Judicial Court of Maine · 1963
- Capron v. CapronSupreme Judicial Court of Maine · 1979
- Rioux v. Portland Water DistrictSupreme Judicial Court of Maine · 1934
- In Re Wagner's PetitionSupreme Judicial Court of Maine · 1959
- Small v. SmallSupreme Judicial Court of Maine · 1980
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