Doane v. Hadlock
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. This was an appeal from a decree of the Judge of Probate for the county of Hancock, allowing and decreeing probate of the will of Samuel Hadlock, late of Cranberry Isle. By the ninth bequest the testator gave his daughter Abigail C. one house and ten acres of land, for her portion and share of his estate “ in full.” The tenth bequest was in the words following, “ I further give my daughter Abigail C. five dollars more.”
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On Report from Nisi Prius, Hathaway, J., presiding. This was an appeal from a decree of the Judge of Probate for the county of Hancock, allowing and decreeing probate of the will of Samuel Hadlock, late of Cranberry Isle. By the ninth bequest the testator gave his daughter Abigail C. one house and ten acres of land, for her portion and share of his estate “ in full.” The tenth bequest was in the words following, “ I further give my daughter Abigail C. five dollars more.” Evidence was introduced tending to establish the fact that the tenth bequest was inserted after the execution of the will,…
1Opinion of the CourtAppleton, J.
This was an appeal from the decree of the Judge of Probate for the County of Hancock, allowing and decreeing the probate of the will of Samuel Hadlock. The validity of the will upon appeal was established by the verdict of the jury.
It appears from the conclusion of the report of the case, that the Court are first to consider the instructions of the presiding Judge to the jury, and if they are found to be correct, judgment is to be rendered upon the verdict, without reference to the inquiry whether the appeal was well taken or not.
By the 9th bequest in the will, the testator gave to his…
2Cases cited2 opinions
- Leonard & M'Cartee v. HuntingtonNew York Supreme Court · 1818
- Smith v. FennerU.S. Circuit Court for the District of Rhode Island · 1812
3Cited by2 opinions
- In re the Probate of the Last Will & Testament of PennimanSupreme Court of Minnesota · 1873
- Hesterberg v. ClarkIllinois Supreme Court · 1897