Pritchard v. Austin
Supreme Court of New Hampshire
Appeal, from a decree of the probate court approving and allowing the will of Jeremiah White, on the grounds (1) that the testator was not of sound mind when he executed the will, and (2) that he was induced to execute the same by undue influence, over-persuasion, and artful misrepresentation on the part of his wife, Ann M. White, her children, and others interested therein. Trial by jury. The testator died at Nashua, July 22, 1892, at the age of seventy-one years.
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Appeal, from a decree of the probate court approving and allowing the will of Jeremiah White, on the grounds (1) that the testator was not of sound mind when he executed the will, and (2) that he was induced to execute the same by undue influence, over-persuasion, and artful misrepresentation on the part of his wife, Ann M. White, her children, and others interested therein. Trial by jury. The testator died at Nashua, July 22, 1892, at the age of seventy-one years. The will under consideration was executed September 18, 1890, and a codicil thereto, July 3, 1891. The plaintiff offered in…
1Opinion of the CourtParsons, J.
Whether the photographs were sufficiently identified was a question of fact, the determination of which at the trial term is not open to exception. Blair v. Pelham, 118 Mass. 420. The material question being whether the photographs were truthful representations of the subjects at the time of the alleged undue influence, no reason appears why evidence from personal acquaintances might not satisfactorily establish the fact. When in point of time the photographs were taken might also be evidence upon this question, but such evidence would not be conclusive and is not essential.
The other…
2Cases cited1 opinion
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
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- Nolte v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- State v. MannionSupreme Court of New Hampshire · 1927
- Anderson v. AupperleOregon Supreme Court · 1908
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