Legal Opinion

Barnes v. Barnes

Supreme Judicial Court of Maine

Decided January 8, 1876PublishedCited by 23 opinions

On exceptions. An appeal from the decree of the judge of probate, approving a will of the following tenor : “I, Amos Barnes, of Camden, in the county of Knox, and state of Maine, knowing the uncertainty of life, and being desirous of controlling the distribution of my property, do make, publish and declare the following, as my last will and testament: First. I give and bequeath to my wife, Sarah It.

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On exceptions. An appeal from the decree of the judge of probate, approving a will of the following tenor : “I, Amos Barnes, of Camden, in the county of Knox, and state of Maine, knowing the uncertainty of life, and being desirous of controlling the distribution of my property, do make, publish and declare the following, as my last will and testament: First. I give and bequeath to my wife, Sarah It. Barnes, and to Fanny Thompson, daughter of MarcuS Thompson, to hold undivided and jointly, all my real estate, consisting of my homestead in said Camden, containing three acres more or less, with…

1Opinion of the CourtAitueton, C. J.

This is an appeal from the decree of the judge of probate approving and allowing the will of Amos Barnes, and ordering the same to be recorded.

The case comes before us on a motion for a new trial, and on exceptions.

It appears from the evidence that the testator, px*ior to 1842, had become somewhat intemperate in his habits, and upon application duly made, was placed under guardianship, and his son Amos appointed his guardian; that he was indignant at this, as well as dissatisfied with the management of his estate by his guardian; that in 1845 at the request of most of his children, he was…

2Cases cited5 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
  3. Enders v. WilliamsCourt of Appeals of Kentucky · 1858
  4. Baldwin v. ParkerMassachusetts Supreme Judicial Court · 1868
  5. Pettes v. BinghamSuperior Court of New Hampshire · 1840

3Cited by23 opinions

  1. Bohler v. HicksSupreme Court of Georgia · 1904
  2. Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
  3. Steinkuehler v. WempnerIndiana Supreme Court · 1907
  4. Gardner v. BalboniSupreme Court of Connecticut · 1991
  5. Soule v. HenryMichigan Supreme Court · 1917

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