Belknap v. Robinson
Supreme Court of New Hampshire
Appeal from the decree of the judge of probate allowing' the will of the defendant’s wife. There was a verdict for the defendant on the issue whether the testatrix was induced to make the will by the undue influence of a nephew, to whom she devised the “Sargent lot” at the expiration of a life estate given to the defendant. The testatrix held the legal title to the lot, but the defendant claimed he was its equitable owner. It was obtained in exchange for a hotel.
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Appeal from the decree of the judge of probate allowing' the will of the defendant’s wife. There was a verdict for the defendant on the issue whether the testatrix was induced to make the will by the undue influence of a nephew, to whom she devised the “Sargent lot” at the expiration of a life estate given to the defendant. The testatrix held the legal title to the lot, but the defendant claimed he was its equitable owner. It was obtained in exchange for a hotel. The defendant introduced evidence showing that when the exchange was made he claimed that the deed of the Sargent lot ought to be…
1Opinion of the CourtChase, J.
Evidence that the testatrix obtained the lot devised by an exchange of property, which was paid for by the defendant and in which he had an interest, was relevant to the issue. The fact that the lot was obtained in that way was a reason why the testatrix should not divert it from him. It tended to show that she understood the property equitably belonged to him at her decease. Her sense of justice, if she was free from restraint, would naturally influence her not to give it to another. Rollwagen v. Roll wagen, 63 N. Y. 504, 519; Bellows v. Sowles, 59 Vt. 63; In re Buckman's will, 64 Vt. 313;…
2Cases cited3 opinions
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In re Buckman's WillSupreme Court of Vermont · 1892
- Bellows v. SowlesSupreme Court of Vermont · 1886