Baldwin v. Baldwin's
Supreme Court of Virginia
Appeal from decree of chancery court of city of Richmond, in the suit of David J. Baldwin, complainant, against Franklin Stearns, executor of the last will and testament of Mary Fannie Baldwin, deceased, and Virginia V. Baldwin, defendants, entered February 27, 1885, on the issue of devisavit vel non. The jury being 'waived, all matters of law and of fact were submitted to the court, by which the issues were decided in favor of the defendants, the propounders of the will.
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Appeal from decree of chancery court of city of Richmond, in the suit of David J. Baldwin, complainant, against Franklin Stearns, executor of the last will and testament of Mary Fannie Baldwin, deceased, and Virginia V. Baldwin, defendants, entered February 27, 1885, on the issue of devisavit vel non. The jury being 'waived, all matters of law and of fact were submitted to the court, by which the issues were decided in favor of the defendants, the propounders of the will. From this decree the complainant appealed to this court.
1Opinion of the CourtLacy, J.
In September, 1884, David J. Baldwin filed his bill in the said court to impeach the will of his decéased sister, Mary F. Baldwin, which had been admitted to probate in the said court April 3, 1883, upon the ground that it was not executed in the mode required by law; that the testatrix was not of sound mind when the will was executed, owing to the effect of disease; and that her mind being weakened and her body enfeebled by her sickness, she had been the victim of undue influence, selfishly exercised over her by her sister-in-law and the executor named in the will, who were, together with…
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