Birdseye's Appeal From Probate
Supreme Court of Connecticut
Appeal from a decree of the Court of Probate for the district of Bridgeport admitting to probate a, certain written instrument as the last will of Ann Bohan of Bridgeport, deceased, taken to the Superior Court in Fairfield County and tried to the jury before Rorahack, J.; verdict in favor of the contestants, which the court, upon motion of the executor, set aside as against the evidence, and appeal by the contestants.
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Appeal from a decree of the Court of Probate for the district of Bridgeport admitting to probate a, certain written instrument as the last will of Ann Bohan of Bridgeport, deceased, taken to the Superior Court in Fairfield County and tried to the jury before Rorahack, J.; verdict in favor of the contestants, which the court, upon motion of the executor, set aside as against the evidence, and appeal by the contestants. Ann Bohan died at Bridgeport December 24th, 1902, after an illness of some three weeks. December 16th, 1902, she made a will; December 18th, 1902, she made another will. The…
1Opinion of the CourtHamersley, J.
The supervision which a judge has over the verdict is an essential part of the jury system, and the power of granting new trials for verdicts against evidence is vested in the trial courts. Bartholomew v. Clark, 1 Conn. 472; Bissell v. Dickerson, 64 id. 61. When error is claimed in the exercise of this power, great weight is due to the ac tion of the trial court, and. every reasonable presumption should be made in favor of its correctness. Loomis v. Per kins, 70 Conn. 444, 446; Howe, v. Raymond, 74 id. 68, 71; Uncas Paper Co. v. Corhin, 75 id. 675, 678. A court has some discretion in the…
2Cases cited5 opinions
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
- Burr v. HartySupreme Court of Connecticut · 1902
- Loomis v. PerkinsSupreme Court of Connecticut · 1898
- Livingston's Appeal From ProbateSupreme Court of Connecticut · 1893
- Bartholomew v. ClarkSupreme Court of Connecticut · 1816
3Cited by7 opinions
- G. F. Heublein, Inc. v. Board of Street CommissionersSupreme Court of Connecticut · 1929
- Lockwood v. LockwoodSupreme Court of Connecticut · 1908
- Steinert v. WhitcombSupreme Court of Connecticut · 1911
- McLaughlin v. ThomasSupreme Court of Connecticut · 1912
- Wyeman v. DeadySupreme Court of Connecticut · 1906
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