Carpenter's Appeal From Probate
Supreme Court of Connecticut
Appeal from an order and decree of the Court of Probate for the-district of Norwich approving a certain written instrument as the last will and testament of Lucy M. Wait of Norwich, deceased,- taken to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment sustaining the will, and appeal by the contestant for alleged errors in the rulings of the court in excluding certain testimony.
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Appeal from an order and decree of the Court of Probate for the-district of Norwich approving a certain written instrument as the last will and testament of Lucy M. Wait of Norwich, deceased,- taken to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment sustaining the will, and appeal by the contestant for alleged errors in the rulings of the court in excluding certain testimony. Upon the trial, the issues being as to due execution, mental capacity, and the exercise of undue influence by one Walker,— one of the three principal legatees under…
1Opinion of the CourtPrentice, J.
The question to Dr. Tingley was properly rejected. It was too general and indefinite, and not directed to any pertinent matter. It called for any conversation upon whatever subject. The question was not only too general, but it was not accompanied by any suggestion to the court as to the character of the testimony expected to be elicited in reply. The court having been kept in the dark by both the question and the silence of counsel, cannot be held to have erred, even though some reply can be imagined which might have been relevant. Furthermore, any statement of Walker’s could only have been…
2Cases cited14 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Campbell v. StateSupreme Court of Alabama · 1853
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- Babcock v. PeopleSupreme Court of Colorado · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bushnell v. BushnellSupreme Court of Connecticut · 1925
- State v. GrahamSupreme Court of Connecticut · 1986
- State v. MitchellSupreme Court of Connecticut · 1975
- Schmeltz v. TracySupreme Court of Connecticut · 1935
- Weller v. Fish Transport Co., Inc.Supreme Court of Connecticut · 1937
14 more not listed; retrieve them via the Exa API.