Hamblett v. Hamblett
Superior Court of New Hampshire
Appeal from the decree of the judge of probate approving and allowing a certain instrument as the last will of David Hamblett, deceased. The defence being that the testator was not of sound and disposing mind, an issue, formed for the purpose of trying that question, came before the jury, August term, 1832, when it appeared that on the 30th of December, 1816, said David Hamblett, deceased, executed the instrument in question, and died on the 4th of January-following.
Read the full summary
Appeal from the decree of the judge of probate approving and allowing a certain instrument as the last will of David Hamblett, deceased. The defence being that the testator was not of sound and disposing mind, an issue, formed for the purpose of trying that question, came before the jury, August term, 1832, when it appeared that on the 30th of December, 1816, said David Hamblett, deceased, executed the instrument in question, and died on the 4th of January-following. On the 28th of said January, Sarah Hamblett, the executrix named in the will, and widow of the deceased, presented it for…
1Opinion of the Court
Parker J.
The appellee, in this case, moved in the probate court, and afterwards in the supreme court of probate, on the appeal, for a rule requiring the appellant to bring into court the legacy which she had received under the will, before proceeding farther to contest its validity, and this motion is now renewed, and presents a preliminary question, before considering the objections to the verdict, raised by the appellant.
It has been repeatedly held in the English ecclesiastical courts, that a legatee, who has received a legacy by virtue of a will, must bring in the legacy before being…
2Cases cited17 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Hyde v. StoneNew York Supreme Court · 1831
- Grant v. ThompsonSupreme Court of Connecticut · 1822
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gilliland v. RhoadsWyoming Supreme Court · 1975
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Barnett Nat. Bank of Jacksonville v. MurreySupreme Court of Florida · 1950
- Fintak v. FintakDistrict Court of Appeal of Florida · 2013
- Weeks v. PattenSupreme Judicial Court of Maine · 1841
8 more not listed; retrieve them via the Exa API.