Ware v. Ware
Supreme Judicial Court of Maine
This was an appeal from a decree of the Judge of Probate, establishing and approving the will of John Ware deceased ; and an issue was formed to the country upon the question of the sanity of the testator at the time of executing the will.
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This was an appeal from a decree of the Judge of Probate, establishing and approving the will of John Ware deceased ; and an issue was formed to the country upon the question of the sanity of the testator at the time of executing the will. After the issue was joined, the appellant filed a motion in writing, admitting that the burden of proof was on him, to show that the testator was not of sane mind, and thereupon praying that he might have the opening and closing of the cause; which was overruled by Weston J. who sal in the trial. When the cause came on lo be tried, the Judge directed it to…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court, at the ensuring July-term, in Waldo.
In this case, after a long and laborious trial, the jury, by therr verdict, have' pronounced that the testator at the time of making his will, was of a sound and disposing mind. The issue having been thus found against the appellant, his counsel have reserved for the consideration and decision of the court, numerous questions arising out of the proceedings at the trial and the rulings and instructions of the presiding Judge ; all of which we propose to consider in the order in which they have been presented in…
2Cases cited1 opinion
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
3Cited by15 opinions
- State v. PullenSupreme Judicial Court of Maine · 1970
- Goldthwaite v. Sheraton RestaurantSupreme Judicial Court of Maine · 1958
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
- Union Pac. Ry. Co. v. YatesCourt of Appeals for the Eighth Circuit · 1897
- Driggers v. United StatesSupreme Court of Oklahoma · 1908
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