Legal Opinion

In re Buckman's Will

Supreme Court of Vermont

Decided January 15, 1892PublishedCited by 5 opinions

Appeal from a decree of the Probate Court for tbe district of Rutland admitting to probate the will of Emma C. Buckman. Trial by jui’y at the March term, 1891, Start, J., presiding. Verdict and judgment for the appellant. Exceptions by the proponent. The appellant was the husband of the testatrix.. Upon trial he offered himself as a witness, and was received against the exception of the appellee, to all matters not confidential and not affecting the character of his wife.

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Appeal from a decree of the Probate Court for tbe district of Rutland admitting to probate the will of Emma C. Buckman. Trial by jui’y at the March term, 1891, Start, J., presiding. Verdict and judgment for the appellant. Exceptions by the proponent. The appellant was the husband of the testatrix.. Upon trial he offered himself as a witness, and was received against the exception of the appellee, to all matters not confidential and not affecting the character of his wife. Among other things he testified to a conversation in the presence of third persons in wdiich she admitted and agreed that…

1Opinion of the Court

The opinion of the court was delivered by

ROWELL, J.

The fact that the contestant is a legatee under the will does not render- him incompetent as a witness. The ground and reason for this holding will be found fully set forth in the Foster will case, ante 233 and therefore they will not be-stated here.

The court properly limited the contestant’s testimony to n on-confidential matters and to matters not affecting his wife’s character. That is the rule early adopted in this State, and uniformly adhered to in practice. Smith v. Potter, 27 Vt. 304. And it makes no difference that had his wife been…

2Cases cited3 opinions

  1. Smith v. PotterSupreme Court of Vermont · 1855
  2. Morse v. LowSupreme Court of Vermont · 1872
  3. Bellows v. SowlesSupreme Court of Vermont · 1886

3Cited by5 opinions

  1. In re Healy's WillSupreme Court of Vermont · 1920
  2. Horton v. RaspberryCourt of Civil Appeals of Alabama · 2002
  3. Haskell's Admr. v. HoltSupreme Court of Vermont · 1903
  4. Belknap v. RobinsonSupreme Court of New Hampshire · 1892
  5. In re Estate of ClogstonSupreme Court of Vermont · 1919

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