Carpenter v. Hatch
Supreme Court of New Hampshire
Appeal, by the defendants from a decree of the judge of probate allowing the will and codicil of Silas Kendall. The issues as to each instrument were, — (1) that the testator was not of sound mind; (2) that he was induced to execute the instruments by undue influence of the plaintiff, Mason A. Carpenter, and of other legatees; (3) that the will and codicil were executed by the testator without reading or knowing their contents.
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Appeal, by the defendants from a decree of the judge of probate allowing the will and codicil of Silas Kendall. The issues as to each instrument were, — (1) that the testator was not of sound mind; (2) that he was induced to execute the instruments by undue influence of the plaintiff, Mason A. Carpenter, and of other legatees; (3) that the will and codicil were executed by the testator without reading or knowing their contents. The will was executed July 14, 1886, and the codicil September 4, 1886. The testator was never married. He died September 9, 1886, at the age of eighty. The two…
1Opinion of the CourtCarpenter, J.
The testimony that Kendall, when he lived in Tyngsborough, attended the church of which Mi'al Davis, the father of one legatee and grandfather of another, was a deacon, and sat in the pew with him and his family, and that he acted as guardian for the grandson, was competent for the purpose of showing the testator’s relations to the Davis legatees, and affording a reason for his manifestation of interest in them. It was open to the defendants to argue to the jury that legacies to strangers indicated an unbalanced mind, and it was proper for the plaintiff to' show that the legatees were not…
2Cases cited1 opinion
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Krischbaum v. DillonOhio Supreme Court · 1991
- Estate of DolbeerCalifornia Supreme Court · 1906
- Estate of Keeley v. OchsSupreme Court of Minnesota · 1926
- Morin v. Travelers InsuranceSupreme Court of New Hampshire · 1932
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
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