Giddings v. Turgeon
Supreme Court of Vermont
Appeal from the Probate Court. Heard, September Term, 1885, Veazey, J., presiding. The court ruled, pro forma,, that Partridge, being the husband of one of the legatees, was not a competent witness to prove the execution of the will; and excluded his testimony, and rendered judgment that said instrument was not the last will of Elmina Turgeon, and ordered the result certified, etc.
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Appeal from the Probate Court. Heard, September Term, 1885, Veazey, J., presiding. The court ruled, pro forma,, that Partridge, being the husband of one of the legatees, was not a competent witness to prove the execution of the will; and excluded his testimony, and rendered judgment that said instrument was not the last will of Elmina Turgeon, and ordered the result certified, etc. We insist that Partridge is a credible witness within the meaning of the statute, and the case falls directly within the reason, purpose, and effect of sec. 2046, R. L. 1 Red. Wills, 258; Jackson v. Wood, 1 Johns.…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an appeal from the allowance of an instrument by the Probate Court as the last will of El*110mina Turgeon; and the only question presented, is, whether the instrument was so executed that it should be held to be the last will of the said Elmina.
It was executed as and for her last will on the 22d day of March, 1884; and by it she bequeathed a certain portion of her estate to Julia M. Partridge. One of the attesting witnesses to the execution of the instrument was H. E. Parti’idge, who was then axxd ever since has been the lawful…
2Cases cited2 opinions
- of Carpenter v. MooreSupreme Court of Vermont · 1871
- White v. WaiteSupreme Court of Vermont · 1874
3Cited by11 opinions
- Estate of PattersonCalifornia Supreme Court · 1909
- State v. MinerSupreme Court of Vermont · 1969
- In re Holt's WillSupreme Court of Minnesota · 1893
- Barker v. HintonWest Virginia Supreme Court · 1907
- Lane's Appeal from ProbateSupreme Court of Connecticut · 1889
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