In re Knapen's Will
Supreme Court of Vermont
Appeal from a decree of the Probate Court establishing an instrument as the will of Sabina Knapen. Heard on an agreed statement of facts, at the March Term, 1902, Rutland County, Watson, J., presiding. Judgment disallowing the will. The proponent excepted. It appears that the testatrix attempted to make certain changes in her will without observing the required formalities.
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Appeal from a decree of the Probate Court establishing an instrument as the will of Sabina Knapen. Heard on an agreed statement of facts, at the March Term, 1902, Rutland County, Watson, J., presiding. Judgment disallowing the will. The proponent excepted. It appears that the testatrix attempted to make certain changes in her will without observing the required formalities. An interlineation is not a cancellation or ani obliteration; nor do erasures in wills amount to cancellation, obliteration or revocation. These are at mlost but attempts to change the will. They do not disclose a purpose…
1Opinion of the CourtStafford, J.
The testatrix made and executed her will in due form of law, and the same is still decipherable. But afterwards she attempted to make various changes therein without complying or attempting to comply with the requirements of the statute; and the question is three-fold, — whether the will is to be established as it was when it was executed, disregarding the attempted changes; or to be disallowed as having been wholly revoked thereby; or to be established as orig*148inally executed, except as to certain clauses, and as to those to be treated as revoked by cancellation.
The will, as executed, made…
2Cases cited5 opinions
- Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
- Warner v. Warner's EstateSupreme Court of Vermont · 1864
- Bigelow v. GillottMassachusetts Supreme Judicial Court · 1877
- Hairston v. HairstonMississippi Supreme Court · 1855
- MilesSupreme Court of Connecticut · 1896
3Cited by10 opinions
- Sanderson v. NorcrossMassachusetts Supreme Judicial Court · 1922
- Donaldson v. HallSupreme Court of Minnesota · 1909
- ThompsonSupreme Judicial Court of Maine · 1917
- Will of MarvinWisconsin Supreme Court · 1920
- Schneider v. HarringtonMassachusetts Supreme Judicial Court · 1947
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