Albee v. Osgood
Supreme Court of New Hampshire
Appeal, from a decree of the probate court admitting to probate the will of Charles F. Osgood. The issues raised were tried by jury. Upon the plaintiff’s motion for a verdict at the close of the evidence, the due execution of the will and the competency of the testator were admitted by the appellant.
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Appeal, from a decree of the probate court admitting to probate the will of Charles F. Osgood. The issues raised were tried by jury. Upon the plaintiff’s motion for a verdict at the close of the evidence, the due execution of the will and the competency of the testator were admitted by the appellant. Subject to the plaintiff’s exception, her motion was denied and the issue, whether the will was procured by her undue influence or that of her husband, was submitted to the jury. After a verdict for the appellant upon this issue, the plaintiff moved that the verdict be set aside because…
1Opinion of the CourtParsons, C. J.
The plaintiff as the proponent of the will had the burden of proving its due execution, voluntarily, by a competent testator; in short, that the paper offered for probate was a will. Patten v. Cilley, 67 N. H. 520; Judge of Probate v. Stone, 44 N. H. 593, 605. “One point, however, is beyond dispute, and that is, that where once it has been proved that a will has been executed with due solemnities by a person of competent understanding, and apparently a free agent, the burthen of proving that it was executed under undue influence is on the party who alleges it. Undue influence cannot be…
2Cases cited4 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Conley v. NailorSupreme Court of the United States · 1886
- Baldwin v. ParkerMassachusetts Supreme Judicial Court · 1868
- In re Barney's WillSupreme Court of Vermont · 1898
3Cited by12 opinions
- Loveren v. EatonSupreme Court of New Hampshire · 1921
- In re Estate of WashburnSupreme Court of New Hampshire · 1997
- Bartlett v. McKaySupreme Court of New Hampshire · 1923
- Ross v. CarlinoSupreme Court of New Hampshire · 1979
- Gaffney v. CoffeySupreme Court of New Hampshire · 1924
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