Perkins v. Perkins
Supreme Court of New Hampshire
Appeal from the decision of the judge of probate for this county, disallowing the will of Stephen Perkins, late of Chichester, deceased. The following issues were joined: 1. That the testator, at the time of making the instrument offered for probate as his last will and testament, was not of sound and disposing mind and memory. 2. That the execution of said instrument was obtained by undue influence, exerted and operating on the mind of the testator.
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Appeal from the decision of the judge of probate for this county, disallowing the will of Stephen Perkins, late of Chichester, deceased. The following issues were joined: 1. That the testator, at the time of making the instrument offered for probate as his last will and testament, was not of sound and disposing mind and memory. 2. That the execution of said instrument was obtained by undue influence, exerted and operating on the mind of the testator. Upon the trial before the jury, the due execution of the testator’s will having been proved by the subscribing witnesses thereto, one of whom…
1Opinion of the CourtBell, C. J.
The question presented by this case was considered by the Superior Court about twenty years since, in the case of Pettis v. Bingham, 10 N. H. 514; and so long as the decision then made stands unreversed, it is to be regarded as the law of this State. "We are not precluded, however, from reexamining such a question where serious doubts are entertained of the correctness of the decision, and the ingenious argument and extended examination of authorities by the counsel for the defendant would properly lead to such reexamination, if we entertained any doubt upon the point; — but that decision…
2Cases cited9 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Butler v. BensonNew York Supreme Court · 1847
- Dean v. Heirs of DeanSupreme Court of Vermont · 1855
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3Cited by4 opinions
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- In re Estate of WashburnSupreme Court of New Hampshire · 1997
- Ross v. CarlinoSupreme Court of New Hampshire · 1979
- In re Estate of FullerSupreme Court of New Hampshire · 1979