Kinne v. Kinne
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate, approving the last will and testament of Manuel Kinne, deceased. The will was dated the 13th of June, 1827 ; and the testa-, tor died about eighteen months after that time. The reason assigned for the appeal, was, That the devisor was not of sound mind and memory ; upon which issue was joined to the jury.
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This was an appeal from a decree of the court of probate, approving the last will and testament of Manuel Kinne, deceased. The will was dated the 13th of June, 1827 ; and the testa-, tor died about eighteen months after that time. The reason assigned for the appeal, was, That the devisor was not of sound mind and memory ; upon which issue was joined to the jury. On this issue the cause was tried, at Brooklyn, Oct, term, 1830, before Williams, J. The jury returned a verdict for the ap. pellant; which they were directed, by the judge, to reconsider ; and on reconsideration, they .still adhered…
1Opinion of the CourtWilliams, J.
In support of the will the subscribing witnesses only were called. Two of them had but little opportunity to judge of testator’s state of mind, and saw nothing to lead them to doubt his sanity. The other witness was the magistrate who drew the will By his testimony, it appears, that he had been acquainted with the testator about ten years; had been previously informed by him, that he should call oa the witness to draw his will; that he came on foot about a mile to the house of the witness, attended by a little boy ; dictated the will from some memorandum containing the names of his children,…
2Cases cited2 opinions
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- Johnson v. ScribnerSupreme Court of Connecticut · 1826
3Cited by11 opinions
- Edgerly v. BarkerSupreme Court of New Hampshire · 1891
- Leake v. WatsonSupreme Court of Connecticut · 1891
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Tingier v. ChamberlinSupreme Court of Connecticut · 1899
- Budington v. HouckSupreme Court of Connecticut · 1947
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