Legal Opinion

VanDeuzer v. Estate of Gordon

Supreme Court of Vermont

Decided November 15, 1866PublishedCited by 8 opinions

This case was an appeal from an order and decree of the probate court for the district of Manchester, adjudging a certain instrument in writing presented to the said probate court for probate and allowance as the last will and testament of Seth B. Gordon, late of Win-liall, in said district, deceased, to be informal and invalid, and that the same should not be approved and allowed as the last will and testament of the said Seth B. Gordon.

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This case was an appeal from an order and decree of the probate court for the district of Manchester, adjudging a certain instrument in writing presented to the said probate court for probate and allowance as the last will and testament of Seth B. Gordon, late of Win-liall, in said district, deceased, to be informal and invalid, and that the same should not be approved and allowed as the last will and testament of the said Seth B. Gordon. The appellant is one of the legatees named in the instrument. After the entry of the appeal in the county court, the appellant filed her allegation in…

1Opinion of the Court

The opinion of the court was delivered by

WiLSON, J.

The general question in this case is whether- the instrument in question, purporting to be the last will and testament of Seth B. Gordon, is valid as a soldier’s will. It appears that on the 2d day of September, 1862, he .enlisted at Worcester as a private in a company afterwards known and called company A, in the 51st regiment of Massachusetts volunteers, a regiment raised as a part of the quota of that commonwealth, under the order issued by the war department by order of the President of the United States, to serve for nine months, unless…

2Cited by8 opinions

  1. Pierce v. PierceIndiana Supreme Court · 1874
  2. In re the Estate of ZaiacNew York Surrogate's Court · 1937
  3. In re Proving the Last Will & Testament of MasonNew York Surrogate's Court · 1923
  4. In Re McGarry's EstateMichigan Supreme Court · 1928
  5. In Re BeckNew Jersey Superior Court Appellate Division · 1948

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