Knox Appeal from Probate
Supreme Court of Connecticut
This was an appeal to the superior court from a decree of the probate court of the district of Manchester, approving a codicil to the will of Zebulon Bidwell. The appellants assigned as the reason of appeal, that the testator at the time of making the codicil was not of sound mind.
Read the full summary
This was an appeal to the superior court from a decree of the probate court of the district of Manchester, approving a codicil to the will of Zebulon Bidwell. The appellants assigned as the reason of appeal, that the testator at the time of making the codicil was not of sound mind. On the trial to the jury, (Hartford county, December term, 1856,) the appellees requested the court to charge the jury, that when the appellees had proved the codicil to have been executed and published according to the provisions of the statute, the law would presume that the testator had at the time the requisite…
1Opinion of the CourtHinman, J.
The question in this case was as to the capacity of a testator at the time of making a codicil to his will. The superior court decided that the appellees, who were the parties claiming under it, were bound to go further in their proof, than merely to prove the execution of the codicil; and that, without some evidence of capacity, the law did not presume it, as in the ordinary case of a party who executes a deed, or other contract.
This decision was in conformity to the uniform practice in this state, where the question has arisen in cases regarding the validity of wills. Upon this ground the…
2Cases cited1 opinion
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
3Cited by6 opinions
- St. Leger's Appeal from ProbateSupreme Court of Connecticut · 1867
- Seebrock v. FedawaNebraska Supreme Court · 1890
- Stanton v. GrigleySupreme Court of Connecticut · 1979
- MilesSupreme Court of Connecticut · 1896
- Wheeler v. RockettSupreme Court of Connecticut · 1917
1 more not listed; retrieve them via the Exa API.