In re Segur's Will
Supreme Court of Vermont
Appeal prom Probate. Trial by jury at the May term, 1898, Windsor county, Ross, C. J., presiding. Verdict and judgment for the proponent. The contestant excepted. This was an appeal from a decree of the probate court for the district of Hartford, allowing an instrument as the last will of Ellen B. Segur. The appellants objected upon four grounds: (1) defective execution; (2) incapacity; (3) undue influence; and (4) that one clause of the instrument was against public policy.
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Appeal prom Probate. Trial by jury at the May term, 1898, Windsor county, Ross, C. J., presiding. Verdict and judgment for the proponent. The contestant excepted. This was an appeal from a decree of the probate court for the district of Hartford, allowing an instrument as the last will of Ellen B. Segur. The appellants objected upon four grounds: (1) defective execution; (2) incapacity; (3) undue influence; and (4) that one clause of the instrument was against public policy. The proponent traversed the first three pleas and filed a general demurrer to the fourth. The court ruled that the…
1Opinion of the CourtThompson, J.
One issue on the trial below, was whether Ellen B. Segur, the testatrix, was of sound mind at the time she executed the will in question. The evidence of the contestant tended to prove that she was subject to insane delusions as to her acquaintances, friends and relatives, and that at such times she was unable to judge sanely in relation to the persons in respect to whom she held such delusions; and that she was laboring under such an insane delusion in regard to her son, the contestant, at the time she executed *226the will sought to be established. On this branch of the case the jury were…
2Cases cited6 opinions
- Fraser v. JennisonMichigan Supreme Court · 1879
- Rivard v. RivardMichigan Supreme Court · 1896
- American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
- of Converse v. ConverseSupreme Court of Vermont · 1849
- Lucas v. ParsonsSupreme Court of Georgia · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Murphy v. NettMontana Supreme Court · 1913
- In re Reynolds' EstateSupreme Court of Vermont · 1915
- In re the Proof of the Paper Writing Purporting to be the Last Will & Testament of MillerSuperior Court of Delaware · 1912
- In Re JamesSupreme Court of Vermont · 1925