Manley's v. Staples
Supreme Court of Vermont
This was an appeal from a decree of the probate court for the district of Rutland establishing the will of Madison S= Manley. Pleas, that the will was not duly executed; that the testator had not sufficient mental capacity, and undue influence. Trial by jury at the September term, 1891, Thompson, J., presiding. Verdict, that the instrument is the will of said Manley. Judgment on verdict.
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This was an appeal from a decree of the probate court for the district of Rutland establishing the will of Madison S= Manley. Pleas, that the will was not duly executed; that the testator had not sufficient mental capacity, and undue influence. Trial by jury at the September term, 1891, Thompson, J., presiding. Verdict, that the instrument is the will of said Manley. Judgment on verdict. The testimony in the case tended to show that the testator was a miserly and ignorant old man who had accumulated in his early years considerable property, but who in his later years was infirm and almost…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
Concerning her second and third requests and the charge relevant thereto, the defendant claims error, for that the court denied in effect that there is such a thing known to the law as an insane delusion, and left it to the jury to say whether such a thing exists.
It is true that in the commencement of the charge on this subject the court told the jury it was all a question of fact for them to say on the evidence whether there is such a mental disease or derangement as the doctors had described and called an insane delusion, and if yes,…
2Cases cited1 opinion
- Melendy v. Town of BradfordSupreme Court of Vermont · 1883
3Cited by5 opinions
- Waddy v. GrimesSupreme Court of Virginia · 1930
- In re Mason's WillSupreme Court of Vermont · 1909
- Doherty v. StateSupreme Court of Vermont · 1901
- In re Healy's WillSupreme Court of Vermont · 1920
- In re Segur's WillSupreme Court of Vermont · 1899