Clark v. Clark
Massachusetts Supreme Judicial Court
Bill ik equity, filed February 25, .1896, to have a conveyance of land from the plaintiff to the defendant set aside and annulled, and a reconveyance thereof from the defendant to the plaintiff.
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Bill ik equity, filed February 25, .1896, to have a conveyance of land from the plaintiff to the defendant set aside and annulled, and a reconveyance thereof from the defendant to the plaintiff. The bill alleged that the plaintiff was old,' infirm, and very deaf, and by reason thereof incapacitated from attending properly to business, and that the defendant, on April 30, 1892, fraudulently taking advantage of the plaintiff’s incapacity, procured her to sign a deed of land in Chelsea without paying her any consideration therefor, and without informing her what the writing was, or what its…
1Opinion of the CourtLathrop, J.
We have no desire in this case to depart from the rule early established, and often since recognized, that a witness who does not come within one of certain recognized classes cannot give an opinion as to the soundness of mind of a person.
In Poole v. Richardson, 3 Mass. 330, subscribing witnesses ■were allowed to testify as to the judgment they formed of the soundness of the testator’s mind at the time of executing the will. (See also Williams v. Spencer, 150 Mass. 346.) “ Other witnesses were allowed to testify to the appearance of the testator, and to any particular facts from which the…
2Cases cited19 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
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3Cited by13 opinions
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1940
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
8 more not listed; retrieve them via the Exa API.