In re Claflin's Will
Supreme Court of Vermont
Appeal from a decree of the Probate Court establishing an instrument as the will of Ephraim F. Claflin. J. EL Bass and Orra Bass, proponents. Elmer E. Claflin and Bertha E. Blanchard, contestants. Trial by jury at the June Term, 1901, Orange County, Stafford, J., presiding. Verdict for the contestants. The proponents excepted. To show knowledge, learning, skill or capacity in the person who made and superintended the execution of this will, is certainly legitimate.
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Appeal from a decree of the Probate Court establishing an instrument as the will of Ephraim F. Claflin. J. EL Bass and Orra Bass, proponents. Elmer E. Claflin and Bertha E. Blanchard, contestants. Trial by jury at the June Term, 1901, Orange County, Stafford, J., presiding. Verdict for the contestants. The proponents excepted. To show knowledge, learning, skill or capacity in the person who made and superintended the execution of this will, is certainly legitimate. Winchelsea v. Wmchope, 3 Russ. 441 ; Roberts v. Welch, 46 Vt. 164. The proponents offered to' show what was said and done by and…
1Opinion of the CourtRowell, C. J.
The proponents showed by various witnesses, each testifying to one or more instances, that before the time in question, the testator drew quite a number of wills for other people, and superintended their execution. They offered to show that in several of these instances the wills were legally executed, by showing in detail what was said and done by the testator and under his direction at the time they were executed, for the purpose of making it more certain that he knew what was necessary to a legal execution. The offer was excluded, to which the proponents excepted. On cross-examination of…
2Cases cited16 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Canada's Appeal from ProbateSupreme Court of Connecticut · 1880
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Allen v. GriffinWisconsin Supreme Court · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Robinson v. LeonardSupreme Court of Vermont · 1926
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Bennett v. RobertsonSupreme Court of Vermont · 1935
- In re Dougherty's EstateMichigan Supreme Court · 1912
- Slade v. SladeSupreme Court of Georgia · 1923
8 more not listed; retrieve them via the Exa API.