In re Barney's Will
Supreme Court of Vermont
Appeal from a decree of probate' court allowing an instrument as tbe last will of Ira Barney. Pleas, defective execution, incapacity, undue influence and fraud. Trial by jury at the September term, 1898, Chittenden county, Ross, C. J., presiding. Verdict and judgment for the contestants. The proponent excepted. The proponent, Charles T. Barney, is a grand nephew of the testator, is a lawyer, and himself drew the will.
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Appeal from a decree of probate' court allowing an instrument as tbe last will of Ira Barney. Pleas, defective execution, incapacity, undue influence and fraud. Trial by jury at the September term, 1898, Chittenden county, Ross, C. J., presiding. Verdict and judgment for the contestants. The proponent excepted. The proponent, Charles T. Barney, is a grand nephew of the testator, is a lawyer, and himself drew the will. The contestants are all the lawful heirs of the deceased except the proponent’s father. The will bequeaths all the testator’s property to the proponent after a life estate in…
1Opinion of the Court
Taft, C. J.(1) The remark of the contestants’ counsel in his opening statement to the jury was improper. It was not in line with what an opening statement should be, viz: —a statement of the issues in the case, ánd the facts proposed to be shown, to enable the jury to better understand the testimony as it is given. A lengthy statement is never necessary and an argumentative one improper. A discussion of whether the adverse party will or will not be able to substantiate the facts as claimed by him is not a legitimate opening statement. It is a fact which can only be determined by the result of…
2Cited by10 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Estate of BrownIdaho Supreme Court · 1932
- The People v. HolcombIllinois Supreme Court · 1938
- Lamphear v. MacLeanAppellate Division of the Supreme Court of the State of New York · 1916
- In re Estate of ClogstonSupreme Court of Vermont · 1919
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