Baldwin v. Parker
Massachusetts Supreme Judicial Court
Appeal by Artemas Parker, Stephen Taylor and his wife Emmeline, and the minor children of Frederick Parker, from a decree of the judge of probate, allowing as the last will of Jonas Parker, of Carlisle, who died June 2, 1866, an instrument executed May 17, 1866, which disposed of the bulk of the testator’s estate to his second wife and her children.
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Appeal by Artemas Parker, Stephen Taylor and his wife Emmeline, and the minor children of Frederick Parker, from a decree of the judge of probate, allowing as the last will of Jonas Parker, of Carlisle, who died June 2, 1866, an instrument executed May 17, 1866, which disposed of the bulk of the testator’s estate to his second wife and her children. At the hearing, before Gray, J., the formal execution and attestation of this instrument were proved; and a trial by jury was had upon two issues : 1. Whether the testator at the time of the execution was of sound and disposing mind. 2. Whether…
1Opinion of the CourtHoar, J.
We do not find any vglid objection to the admission or rejection of evidence at the trial, which would furnish a reason for setting aside the verdict.
The questions to Mrs. Parker in relation to the amount of her husband’s property, and his debts,¡did not ask for opinions, but facts; of which she had means of knowledge. Her answer was a statement of facts, not made with precision and accuracy, and undoubtedly to some extent a majtter of estimate; but still it was testimony upon facts. There was no suggestion that his property was of such a kind that she would not know its value Questions as to…
2Cases cited1 opinion
- Tyler v. . GardinerNew York Court of Appeals · 1866
3Cited by29 opinions
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Denning v. ButcherSupreme Court of Iowa · 1894
- First National Bank v. FordWyoming Supreme Court · 1923
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
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