of Carpenter v. Moore
Supreme Court of Vermont
Appeal from decree of the probate court of the district of Rutland, approving the will of Artemas Carpenter deceased. Plea that the instrument produced is not the will of the deceased, and issue joined to the court. The wife of defendant Andrew Moore, and defendant Jeremiah C. Powers, are heirs at law of said testator. The proponent of the will gave evidence tending to show its due execution, and the capacity of the testator to make it.
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Appeal from decree of the probate court of the district of Rutland, approving the will of Artemas Carpenter deceased. Plea that the instrument produced is not the will of the deceased, and issue joined to the court. The wife of defendant Andrew Moore, and defendant Jeremiah C. Powers, are heirs at law of said testator. The proponent of the will gave evidence tending to show its due execution, and the capacity of the testator to make it. The contestants gave evidence tending to show mental incapacity of the testator to make a will, and, among other witnesses to show that fact, offered the wife…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
Jeremiah G. Powers joined in the appeal from the decree of the probate court approving and allowing the will of the testator, Artemas Carpenter, and is a party of record as well as a party in interest, he being one of the heirs of the testator, the validity of whose will the defendants were contesting on the trial. It is insisted on the part of the defense that the county court erred in excluding the wife of the defendant, Jeremiah C. Powers, who was offered as a witness on the part of the contestants of the will; and also in the exclusion of…
2Cases cited6 opinions
- Cram v. CramSupreme Court of Vermont · 1860
- Smith v. PotterSupreme Court of Vermont · 1855
- Bonett ex rel. Bonett v. StowellSupreme Court of Vermont · 1864
- Seargent v. SewardSupreme Court of Vermont · 1859
- Manchester v. ManchesterSupreme Court of Vermont · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Willey v. HunterSupreme Court of Vermont · 1884
- Giddings v. TurgeonSupreme Court of Vermont · 1886
- Stowe v. BishopSupreme Court of Vermont · 1886
- French v. WareSupreme Court of Vermont · 1892
- Slafter v. SavageSupreme Court of Vermont · 1915
5 more not listed; retrieve them via the Exa API.