Potter v. Baldwin
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the will of John Baldwin, by his only son and heir at law. Hearing in this court, before W. Allen, J., who allowed a bill of exceptions, in substance as follows: No question was made as to the formal execution of the will, and the only issue submitted to the jury was whether the will was obtained by the undue influence of Mrs. Francelia S. Lane.
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Appeal from a decree of the Probate Court, allowing the will of John Baldwin, by his only son and heir at law. Hearing in this court, before W. Allen, J., who allowed a bill of exceptions, in substance as follows: No question was made as to the formal execution of the will, and the only issue submitted to the jury was whether the will was obtained by the undue influence of Mrs. Francelia S. Lane. The will was dated January 30, 1880, and by it the testator devised and bequeathed his entire estate to said Lane. The testator died on February 17, 1880. The judge admitted, against the appellee’s…
1Opinion of the CourtDevens, J.
The evidence of conversations between the testator and his son and son’s wife in 1872, wherein he said that he was so under the influence of Francelia S. Lane that he could not resist her when he was in her presence, in connection with *429similar expressions of feeling up to the date of the will, was properly admitted for the purpose of showing the state of the testator’s feeling towards her. Shailer v. Bumstead, 99 Mass. 112. Lewis v. Mason, 109 Mass. 169. They strongly resemble those received in May v. Bradlee, 127 Mass. 414, where the question was whether a testator was induced by undue…
2Cases cited5 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
- Lewis v. MasonMassachusetts Supreme Judicial Court · 1872
- Howe v. RayMassachusetts Supreme Judicial Court · 1873
- Packer v. LockmanMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Scheuer v. StateMontana Supreme Court · 1904
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
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