Small v. Small
Supreme Judicial Court of Maine
In this case, which was an appeal from the decree of the Judge of Probate refusing probate of the will of Henry Small, the principal question was whether, under the circumstances proved, the testator intended the instrument as his last will, or only as an expedient, to operate in terrorem upon a child who had incurre^ his displeasure. The facts sufficiently appear in the opinion of the court, which was delivered at the following .November term by
1Opinion of the Court
Mellen C. J.
This is an appeal from a decree of the Judge of Probate in this county. A paper, purporting to be the last will and testament of Henry Small, was presented for probate. Upon examination of all the facts in relation to the same, the Judge was of opinion, that the testator, at the time of making the supposed will, was not of sound and disposing mind and memory ; and he thereupon decreed against the probate and allowance of the same, as the last will and testament of said Henry Small. In the reasons of appeal, the decree is alleged to be against law, because the testator, at the time…
2Cases cited3 opinions
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Parsons v. WinslowMassachusetts Supreme Judicial Court · 1810
- Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
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- Shipman v. FurnissSupreme Court of Alabama · 1881
- Hurley v. O'BrienOregon Supreme Court · 1898
- Gwin v. GwinIdaho Supreme Court · 1897
- Higbee v. BloomSupreme Court of Kansas · 1921
- In Re RaynoldsNew Jersey Superior Court Appellate Division · 1942
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