Demerritt v. Randall
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, admitting the will of Sarah S. Ireland to probate. At the trial before Morton, J., one of the questions in issue was, whether the testatrix executed the will; the attesting witnesses and two other persons testifying for the proponent that they were present and saw her sign the whole of her name to the instrument. The appellants put in evidence a prior will and codicil of the said Ireland, which were admitted in evidence.
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Appeal from a decree of the Probate Court, admitting the will of Sarah S. Ireland to probate. At the trial before Morton, J., one of the questions in issue was, whether the testatrix executed the will; the attesting witnesses and two other persons testifying for the proponent that they were present and saw her sign the whole of her name to the instrument. The appellants put in evidence a prior will and codicil of the said Ireland, which were admitted in evidence. The proposed will was also put in evidence. The appellants then called experts in handwriting, who testified that in their opinion,…
1Opinion of the CourtGray, C. J.
The experts were rightly permitted to testify to their opinion of the genuineness of the signature of the testatrix, and to their reasons for such opinion. Moody v. Rowell, 17 Pick. 490. Commonwealth v. Webster, 5 Cush. 295. Keith v. Lothrop, 10 Cush. 453.
How many times the same question should be repeated on cross-examination, and how far the witness should be compelled to answer, were matters within the discretion of the presiding judge, and not subjects of exception. Exceptions overruled.
2Cited by13 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. CoughlinMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. ParsonsMassachusetts Supreme Judicial Court · 1907
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