Clark v. Clark's Est.
Supreme Court of Vermont
Appeal from the order of distribution by .the Probate Court for the district of Randolph. Heard at' the June Term, 1881, Powers, J., presiding. The court, pro forma, adjudged that the legacies to Sophronia and Carrie Waterman were avoided by their attestation of the will. The case is stated in the opinion. Questions of this nature should be raised when the will is presented for probate, or it will be too late.
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Appeal from the order of distribution by .the Probate Court for the district of Randolph. Heard at' the June Term, 1881, Powers, J., presiding. The court, pro forma, adjudged that the legacies to Sophronia and Carrie Waterman were avoided by their attestation of the will. The case is stated in the opinion. Questions of this nature should be raised when the will is presented for probate, or it will be too late. The will having been probated and proved, it is conclusive upon all questions as to its execution and validity, and vests title it the devisees. 1 Greenl. Ev. s. 550; 2 lb. ss. 672, 692…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The will in this case contained a bequest of $200 to Sophronia C. Waterman, a sister and heir-at-law of the testator ; and also a bequest of $400 to Carrie W. Waterman, a daughter of said Sophronia C., and not an heir-at-law of the testator ; and these persons were two of the witnesses to the will. The will was duly probated, and no question was then made as to the “ competency ” of either of said witnesses. The appeal in this case is from the order of distribution by the Probate Court, not from the probate of the will. This appeal is by a…
2Cases cited3 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Carradine v. CarradineMississippi Supreme Court · 1857
- Goodell v. PikeSupreme Court of Vermont · 1867
3Cited by2 opinions
- Sarah Manoukian and Gloria Tatigian Individually and as Executrices of the Estate of Kohar Tomasian, Deceased v. John M. TomasianCourt of Appeals for the D.C. Circuit · 1956
- In Re Knapp's WillSupreme Court of Vermont · 1929