Lewis v. Mason
Massachusetts Supreme Judicial Court
Appeal by John Lewis and Charles H. Lewis, from a decree of the judge of probate, allowing an instrument, dated January 19, 1863, and a codicil thereto, dated March 26,1863, as the last will of John Lewis, Senior, and disallowing a codicil thereto, dated January 28,1869, and an instrument, dated April 29,1870, and a codicil thereto, dated July 29,1870, as such last will.
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Appeal by John Lewis and Charles H. Lewis, from a decree of the judge of probate, allowing an instrument, dated January 19, 1863, and a codicil thereto, dated March 26,1863, as the last will of John Lewis, Senior, and disallowing a codicil thereto, dated January 28,1869, and an instrument, dated April 29,1870, and a codicil thereto, dated July 29,1870, as such last will. In the will which was allowed, the appellee was named executor; and in the will which was disallowed, the appellants were named executors. At the trial in this court, before Wells, J., there was no controversy as to the will…
1Opinion of the CourtAmes, J.
We do not think that any of these exceptions should be sustained.
The fact testified to by the physician, Wakefield, was brought out upon cross-examination, and was admissible as having a tendency to show that, on the occasion referred to, Charles H. Lewis had both the power and the inclination to exert, by means of angry and imperious language, a controlling authority over the testator. The weight and importance of such testimony would be for the jury to consider, and might be very trivial if only one instance of the kind were proved. Its competency admits, in our opinion, of no doubt.
The…
2Cases cited1 opinion
- Hastings v. RiderMassachusetts Supreme Judicial Court · 1868
3Cited by22 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Scott v. TownsendTexas Supreme Court · 1914
- Scott v. TownsendTexas Supreme Court · 1914
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Heinbach v. HeinbachSupreme Court of Missouri · 1918
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