Hart's Appeal From Probate
Supreme Court of Connecticut
Appeal by Emily C. Hart from a judgment of the Superior Court of Middlesex County, rendered on a verdict sustaining the will of Erastus Brainerd of Portland in said county, deceased. Upon the trial a certain account of the testator against the appellant amounting to $41,000, was introduced in evidence, and it was conceded that this account and the several items or sums which made it up, constituted a gift from the testator to the appellant.
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Appeal by Emily C. Hart from a judgment of the Superior Court of Middlesex County, rendered on a verdict sustaining the will of Erastus Brainerd of Portland in said county, deceased. Upon the trial a certain account of the testator against the appellant amounting to $41,000, was introduced in evidence, and it was conceded that this account and the several items or sums which made it up, constituted a gift from the testator to the appellant. The appellant so testified, and no evidence to the contrary was offered. After the jury had retired to consider the case, they returned and submitted to…
1Opinion of the Court
By the Court :
The question whether or not the account was an asset of the estate of Mr. Brainerd, was not a fact in issue under the pleadings; and the finding of the jury either way would not conclude any one.
It was, however, a relevant fact because it might possibly have a bearing on the questions that were in issue, and especially on the claim of undue influence. In this aspect of the case it was the duty of the jury to consider it, and the judge so instructed the jury. The instruction was adapted to the issues raised by the pleadings, and was sufficient for the guidance of the jury in the…
2Cited by1 opinion
- Hart v. BrainerdSupreme Court of Connecticut · 1896