Ela v. Edwards
Massachusetts Supreme Judicial Court
Appeal from a decree of the probate court, disallowing an instrument written on seven leaves of paper and offered for probate as the last will of Susan S. Edwards, At the hearing in this court, Hoar, J. was of opinion that the decree should be affirmed, but reported the case for the decision of the full court, in whose opinion it is stated.
1Opinion of the CourtDewey, J.
The question before us is, whether the evidence reported in this case sustains the burden resting on the party offering this instrument for probate, as to the proof that the same was executed in conformity with the provisions of the Rev. St. c. 62, § 6, requiring that it “ be attested and subscribed in the presence of the testator by three or more competent witnesses.”
Our own reported cases have disposed of many questions that might otherwise have been raised upon facts like those in the present case. It is not necessary that the attesting witnesses to a will should subscribe their names in…
2Cases cited5 opinions
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Bradish v. GibbsNew York Court of Chancery · 1818
- Sluby v. ChamplinNew York Supreme Court · 1809
3Cited by1 opinion
- Colman v. LindleySupreme Court of Kansas · 1924