Foster's Exrs. v. Dickerson
Supreme Court of Vermont
This was an appeal from an order of tbe Probate Court for tbe District of Franklin, admitting to probate an instrument purporting to be tbe last will and testament of Catherine A. Foster. The contestants plead :■ First, that tbe paper was not tbe last will and testament of tbe said Catherine A. Foster. Second, that the testatrix did not have sufficient mental capacity to make a will. Third, that the instrument was procured by undue influence and fraud.
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This was an appeal from an order of tbe Probate Court for tbe District of Franklin, admitting to probate an instrument purporting to be tbe last will and testament of Catherine A. Foster. The contestants plead :■ First, that tbe paper was not tbe last will and testament of tbe said Catherine A. Foster. Second, that the testatrix did not have sufficient mental capacity to make a will. Third, that the instrument was procured by undue influence and fraud. Trial by jury at the April term,. 1888, Franklin county, Yeazey, L, presiding. Yerdict for the proponents. The contestants except. The letters…
1Concurring in part, dissenting in part
Dissenting views of
BOSS, Ch. J.
While I concur in the decision of most of the points covered by the opinion, I dissent with reference to a few points.
Point 12, relates to the exception taken to the testimony of Dr. George Eoote, and is stated in the exceptions as follows : “Dr. George Foote, a witness introduced by the proponents, was allowed to testify subject to the objection and exception of the contestants, that he knew of the fact that Mrs. Foster was con*268fined in an asylum from what Mrs. Hayes told him, and that she, Mrs. Hayes, requested him to assist her and take Mrs. Foster into his,…
2Cases cited11 opinions
- People v. AikinMichigan Supreme Court · 1887
- State v. MeaderSupreme Court of Vermont · 1881
- Tenney v. HarveySupreme Court of Vermont · 1891
- State v. HaydenSupreme Court of Vermont · 1878
- Connecticut & Passumpsic Rivers Railroad v. BaxterSupreme Court of Vermont · 1860
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