Gleason v. Daly
Massachusetts Supreme Judicial Court
Appeal from a. decree of the Probate Court for the county of Plymouth admitting to probate an instrument purporting to be the will of John Griffin. At the trial of the appeal before Lathrop, J. the following issues were submitted to the jury: First. Was the instrument offered for probate as the last will of John Griffin, deceased, executed according to law ? Second.
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Appeal from a. decree of the Probate Court for the county of Plymouth admitting to probate an instrument purporting to be the will of John Griffin. At the trial of the appeal before Lathrop, J. the following issues were submitted to the jury: First. Was the instrument offered for probate as the last will of John Griffin, deceased, executed according to law ? Second. Was the said John Griffin of sound and disposing mind and memory at the time of the execution of the alleged will? The jury answered both issues in the affirmative; and the appellant alleged exceptions, raising a single question-…
1Opinion of the CourtHammond, J.
One of the issues was whether at the time of the execution of the will the testator was of sound and disposing mind and memory; and on this issue the evidence was conflicting.
The will was executed in a ward of a hospital, and there were in the ward at the time three persons besides the subscribing witnesses. Tileston, one of these three, was called in support of the will. He testified among other things that when the will was presented to Griffin, the testator, he was told, “ This is your will giving all your property to Gusty [the petitioner],” and was asked if he wanted to sign it; that…
2Cases cited1 opinion
- Brown v. BrownMassachusetts Supreme Judicial Court · 1871