Stewart v. Harriman
Supreme Court of New Hampshire
From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased.
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From the Merrimack Probate Court. For the purpose of raising certain questions of law only, the following facts were agreed, viz., — This case is an appeal from the decree of the judge of probate of said county of Merrimack, proving and approving a certain paper as the last will of Francis Davis, late of Warner, in said county, deceased. The said testator died on August 3, 1872, and said instrument was proved in common form as the last will of said Francis Davis, at a probate court,- held in and for said county, at Concord, August 27,1872. A petition, bearing date August 9, 1873, of Judith H.…
1Concurrence
I agree with the chief justice, that the right of Judith H. Stewart to have the will proved in solemn form was not lost by the lapse of time, and do not wish to add anything to the reasons he has given for that conclusion.
The second question in the case is, Was Mary A. Harriman, wife of the executor, Henry H. Harriman, a "credible witness" within the meaning of the Statute, at the time of the execution of the will? It is conceded that this depends upon whether her husband was disqualified to be a subscribing witness, by the fact that he was therein named as executor. This question has,…
2Cases cited3 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Richardson v. RichardsonSupreme Court of Vermont · 1862
- Gordon v. WestSuperior Court of New Hampshire · 1837