Clark v. Hoskins
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate, approving the will of Philander Clark, deceased ; tried at Hartford, September term, 1825, before Hosmer, Ch. J. On the 29th of December, 1821, Alson Hoskins mortgaged a tract of land to Isaac Owen and Philander Clark, to secure certain distinct debts due to them respectively.
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This was an appeal from a decree of the court of probate, approving the will of Philander Clark, deceased ; tried at Hartford, September term, 1825, before Hosmer, Ch. J. On the 29th of December, 1821, Alson Hoskins mortgaged a tract of land to Isaac Owen and Philander Clark, to secure certain distinct debts due to them respectively. Afterwards, Clark made his will, attested by three subscribing witnesses, of whom Owen was one, and thereby devised to Hoskins the debt thus secured, and discharged him therefrom. The land mortgaged is sufficient to pay both debts. Upon these facts, the appellant…
1Opinion of the Court
Hosmer, Ch. J.
It is objected, that Owen is interested in the establishment of the will, as it will enlarge his security; and on this ground, that he is incompetent to testify.
Independent of the statute concerning the settlement of estates, the interest of Owen is unquestionable. His security would be enlarged, if the will is established, by holding in pledge all the land mortgaged, disburdened from the debt of Hoskins to Clark. It is said, however, that the security to him was sufficient before ; and therefore, that he had no interest in its enlargement. The contingencies to which property is…
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