Legal Opinion

In re Estate of Clogston

Supreme Court of Vermont

Decided January 13, 1919PublishedCited by 8 opinions

Appeal from a decree of probate court disallowing an instrument as the last will and testament of Joseph D. Clogston. Pleas, defective execution, incapacity and undue influence. Trial by jury at the September Term, 1917, "Washington County, Slack, J., presiding. Verdict and judgment for the contestants. The proponents excepted. The opinion states the case.

1Opinion of the CourtWatson, C. J.

The proponents, in their opening case, called as a witness one A. C. Theriault, the attorney who drew the proposed will. His direct examination was confined entirely to what occurred in connection with, and at the time of, the execution of the will, his acquaintance with the testator, the frequency of his meeting and observing him in the street, and his participation in the transaction when the testator deeded his real estate to the proponent Glennie. He was not inquired of and did not testify respecting anything that occurred subsequent to the execution of the will, except as to meeting and…

2Cases cited18 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. In re Bean's WillSupreme Court of Vermont · 1912
  3. Comstock's v. JacobsSupreme Court of Vermont · 1911
  4. Cram v. CramSupreme Court of Vermont · 1860
  5. M'Kee v. NelsonNew York Supreme Court · 1825

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3Cited by8 opinions

  1. State v. StacySupreme Court of Vermont · 1932
  2. Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
  3. Estate of BrownIdaho Supreme Court · 1932
  4. Button v. KnightSupreme Court of Vermont · 1921
  5. State v. MorrisonIdaho Supreme Court · 1932

3 more not listed; retrieve them via the Exa API.

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