Legal Opinion

In re Will of Smith

Supreme Court of Vermont

Decided October 19, 1914PublishedCited by 6 opinions

Appeal from a decree of the probate court establishing a certain instrument as the last will and testament of Columbus Smith. Trial by jury, on issues framed ’ by the court, at the June Term, 1913, Addison County, Taylor, J., presiding.

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Appeal from a decree of the probate court establishing a certain instrument as the last will and testament of Columbus Smith. Trial by jury, on issues framed ’ by the court, at the June Term, 1913, Addison County, Taylor, J., presiding. The following four questions were submitted to the jury: “Was Columbus Smith on the 30th day of December, A. D. 1897, at the time of the execution of the will in question of sound mind? “Was Columbus Smith on the 16th day of January, A. D. 1899, at the time of the execution of the first codicil of said ■will of sound mind ? “Was Columbus Smith on the 12th day…

1Opinion of the CourtHaselton, J.

This was an appeal by the contestants from a decree of the probate court for the district of Addison allowing a certain instrument, with three alleged codicils thereto, as the last will and testament of Columbus Smith, late of Salisbury, who died November 10, 1909, at the age of 89 years, leaving an estate, conceded, for the purposes of the trial, to amount to $340,000.00, a substantial part of which was real estate. The contestants were heirs-at-law of the testator. The case was first tried on appeal in 1912 by jury upon issues framed by the court. This trial resulted in a disagreement.…

2Cases cited27 opinions

  1. Holt v. United StatesSupreme Court of the United States · 1910
  2. Adams v. FieldSupreme Court of Vermont · 1849
  3. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  4. Sheldon v. WrightSupreme Court of Vermont · 1907
  5. Fairchild v. BascombSupreme Court of Vermont · 1862

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3Cited by6 opinions

  1. State v. FelchSupreme Court of Vermont · 1918
  2. Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
  3. In re Estate of ClogstonSupreme Court of Vermont · 1919
  4. In Re Waterman's WillSupreme Court of Vermont · 1930
  5. Brace v. HulettSupreme Court of Vermont · 1938

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