Legal Opinion

Gilman v. Gilman

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 20 opinions

On Beport from. Nisi Pmís,.BicE, J., presiding. Appeal from a decree of the Judge of Probate for the county of Kennebec, admitting to probate a paper claimed to be a copy of the last will, and testament of Nathaniel Gilman.

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On Beport from. Nisi Pmís,.BicE, J., presiding. Appeal from a decree of the Judge of Probate for the county of Kennebec, admitting to probate a paper claimed to be a copy of the last will, and testament of Nathaniel Gilman. On March 25, 1861, the appellee entered a- petition in the Probate Court for the county of Kennebec, alleging, substantially, that she was heir at law of Nathaniel Gilman, late of Waterville, in said county, deceased;. that he died at Waterville, Deo. 19, 1859, leaving a large estate, real and personal, in said county; that said deceased was a citizen of, and had his…

1Opinion of the Court

The opinion of the Court was drawn by

Davis, J.

This case comes before us upon an appeal from a decree of the Probate Court, admitting to probate and allowing the last will and testament of Nathaniel Gil-man. It was proved by a copy, the original being beyond the jurisdiction of the Court.

The validity of the will is not questioned. But the testator left a large amount of property in the city of New York as well as in this State; and the will has been proved and allowed there, on proof of its execution merely, without any inquiry in regard to domicil. The Surrogate seems to have assumed that…

2Cases cited7 opinions

  1. Harrison v. NixonSupreme Court of the United States · 1835
  2. In re ThompsonNew York Supreme Court · 1828
  3. Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
  4. Allen v. ThomasCourt of Appeals of Kentucky · 1860
  5. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813

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3Cited by20 opinions

  1. De Meli v. . De MeliNew York Court of Appeals · 1890
  2. Mitchell v. KinneySupreme Court of Alabama · 1942
  3. Pickering v. WinchOregon Supreme Court · 1906
  4. Daniel v. HillSupreme Court of Alabama · 1875
  5. In re Estate of SanfordSupreme Court of Iowa · 1919

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