Pattee v. Whitcomb
Supreme Court of New Hampshire
Probate Appeal, from a decree allowing a certain instrument as the will of Samuel Whitcomb. The appellant alleged (1) that the testator was not of sound mind, and (2) that he was unduly influenced by Ms wife and others to execute tlie instrument offered as bis will. Tbe jury returned a verdict sustaining the will.
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Probate Appeal, from a decree allowing a certain instrument as the will of Samuel Whitcomb. The appellant alleged (1) that the testator was not of sound mind, and (2) that he was unduly influenced by Ms wife and others to execute tlie instrument offered as bis will. Tbe jury returned a verdict sustaining the will. Transferred from the May term, 1902, of tbe superior court by Wallace, C. J. Api'il 22, 1898, Whitcomb made a will which contained the following provision : “I give, bequeath, and devise all tbe rest, residue, and remainder of my estate, real, personal, and mixed, wherever found or…
1Opinion of the Court
1. The testator's statements as to his last wife and her relatives were excluded for remoteness, as they well might be, and their exclusion presents nothing for our consideration.
2. Upon the issue whether the testator was unduly influenced by his wife to execute the will in question, evidence of the quality of his mind, with respect to its susceptibility or non-susceptibility to the influence of others, was competent. Patten v. Cilley, 67 N.H. 520, 528. A fortiori, evidence of the susceptibility of his mind to the influence of his wife, in particular, was competent. If the witness offered by…
2Cases cited9 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- M'Kee v. NelsonNew York Supreme Court · 1825
- Boardman v. WoodmanSupreme Court of New Hampshire · 1866
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3Cited by7 opinions
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- Roberts v. CarlisleCourt of Appeals of Texas · 1928
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Davis v. Boston & Maine RailroadSupreme Court of New Hampshire · 1910
- State v. KilleenSupreme Court of New Hampshire · 1919
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