Smith v. Jones
Supreme Court of Vermont
Appeal from an order of the probate court réfusing probate to the alleged will of Pauline A. Cabot. Heard upon an agreed statement of facts at the June term, 1895, Orange county, Rowell, J., presiding. Judgment that the instrument be not admitted to probate. Proponents except. The husband was a competent witness when offered to prove the will. Smith v. Potter, 27 Vt. 304; Carfenterv.
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Appeal from an order of the probate court réfusing probate to the alleged will of Pauline A. Cabot. Heard upon an agreed statement of facts at the June term, 1895, Orange county, Rowell, J., presiding. Judgment that the instrument be not admitted to probate. Proponents except. The husband was a competent witness when offered to prove the will. Smith v. Potter, 27 Vt. 304; Carfenterv. Moore, 43 Vt. 394 ; Stowe v. Bishof, 58 Vt. 498 ; Pihe v. Haynes, 14 N. PI. 22; 47 N. H. 100; In re Emma C. BuchmaB s will, 64 Vt. 313. The word “credible” means competent, x Jar., Wills, 225, n. 23; Sch., Wills,…
1Opinion of the CourtRoss, C. J.
The single question presented for consideration is whether a husband, who is not a legatee, and who by an ante-nuptial contract has relinquished all right to any property of his wife, and to any and every part of her estate, was a competent witness to her will. If he was, her will is witnessed as required by V. S., 2349. If he was not, her will is not witnessed as required, and the judgment of the county court disallowing the proposed will was correct. The decision of this question depends upon whether the competency of the witness is to be determined as of the date of the execution of the…
2Cases cited10 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Cram v. CramSupreme Court of Vermont · 1860
- Smith v. PotterSupreme Court of Vermont · 1855
- Giddings v. TurgeonSupreme Court of Vermont · 1886
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3Cited by3 opinions
- Mattison v. PoulenSupreme Court of Vermont · 1976
- State v. RoweSupreme Court of Iowa · 1947
- Darling v. EmerySupreme Court of Vermont · 1902