Winslow v. Smith
Supreme Court of New Hampshire
Appeal, from the probate of a will. The issues were: (1) Was the testatrix, Lora T. Bosworth, of sound mind when she executed the will? (2) “Was Lora T. Bosworth, on December 13th, A. D., 1904, [the date of the execution of the will] induced to execute this instrument as her last will, by undue influence . . . on the part of Ellen F. Smith and others interested in the making of said will?” The questions were drawn by the defendant’s counsel and agreed to by the plaintiff’s…
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Appeal, from the probate of a will. The issues were: (1) Was the testatrix, Lora T. Bosworth, of sound mind when she executed the will? (2) “Was Lora T. Bosworth, on December 13th, A. D., 1904, [the date of the execution of the will] induced to execute this instrument as her last will, by undue influence . . . on the part of Ellen F. Smith and others interested in the making of said will?” The questions were drawn by the defendant’s counsel and agreed to by the plaintiff’s counsel. Transferred from the November term, 1905, of the superior court by Stone, J. Two of the plaintiff’s witnesses…
1Opinion of the CourtChase, J.
1. The defendant cites Lee v. Dow, 73 N. H. 101, In support of his position that the verdicts should not be set aside because of the statement of his counsel to the jury in the closing argument to which the plaintiff excepted. In that case the question of fact, whether the jury were misled and prejudiced by the misconduct alleged, was distinctly presented to the presiding justice by the motion of the excepting party and was decided in the negative. Moreover, the statement objected to was withdrawn by the counsel making it, the jury were instructed by the court to disregard it, and the conduct…
2Cases cited7 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Lee v. DowSupreme Court of New Hampshire · 1904
- Dearborn v. NewhallSupreme Court of New Hampshire · 1885
- Hearn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1892
- Jenness v. JonesSupreme Court of New Hampshire · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Drop Anchor Realty Trust Charlotte Marshall v. Hartford Fire InsuranceSupreme Court of New Hampshire · 1985
- Bothwick v. LaBelleSupreme Court of New Hampshire · 1975
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Bunnell v. LucasSupreme Court of New Hampshire · 1985