Buckminster v. Perry
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county, proving, approving, and allowing, the last will and testament of Abel Perry, deceased. * The question being on the sanity of the testator, [ * 594 | and the Court having directed an issue to the jury, the counsel for the appellants inquired of the Court in what manner the question was to be brought before the Court and jury, as it appeared that two forms had been heretofore used.
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This was an appeal from a decree of the judge of probate for this county, proving, approving, and allowing, the last will and testament of Abel Perry, deceased. * The question being on the sanity of the testator, [ * 594 | and the Court having directed an issue to the jury, the counsel for the appellants inquired of the Court in what manner the question was to be brought before the Court and jury, as it appeared that two forms had been heretofore used. (1) The Chief Justice said the proper form was for the appellants to make their objection in the manner of a plea, to which the appellee was…
1Opinion of the Court
Parsons, C. J.,
in summing up the cause, informed the jury that it was the opinion of the whole Court that the evidence given by the appellants to invalidate the will deserved but little consideration ; that the question was confined to the sanity of the testator at the time of making the will, which seemed to be fully established by those whose duty it was to be satisfied of that fact before they subscribed the instrument.
The jury found that the testator, at the time when, &c., was of sound mind; and the will was accordingly proved, approved, and allowed.
2Cited by26 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- State v. PikeSupreme Court of New Hampshire · 1870
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Potts v. HouseSupreme Court of Georgia · 1849
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
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