Legal Opinion

In re Will

Supreme Court of Connecticut

Decided November 15, 1873PublishedCited by 26 opinions

Probate of a lost will. Judge Carpenter of the Supreme Court was called in to sit, as a judge of the Superior Court, with the judge of probate of the district of Newtown, (under the statute authorizing it, Gen. Statutes, tit. 11, § 75,) in determining whether a document purporting to be a true copy of the will of David H. Johnson, deceased, should be admitted to probate. The facts arc giveu in the opinion. The case was heard, May 22d, 1874.

1Opinion of the CourtCarpenter, J.

Mr. Johnson executed a will on or about the 6th day of August, 1872. Ho died February 24th, 1874. A paper is produced which is claimed to he a copy of said will, in substance, and the court is asked to admit it to probate, the original having been destroyed or lost. Having been called under the statute to assist tlio court of probalo in this matter, I have thought best to state in writing the conclusion to which I have come and the reasons therefor.

Two questions arise: — 1st, as to the destruction without revocation, or loss, of the will; and, 2d, as to its contents.

That an unrevoked will…

2Cited by26 opinions

  1. State v. SaucierSupreme Court of Connecticut · 2007
  2. McDonald v. McDonaldIndiana Supreme Court · 1895
  3. Brown v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1958
  4. Goodale v. MurraySupreme Court of Iowa · 1940
  5. Pickens v. DavisMassachusetts Supreme Judicial Court · 1883

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