In re Cowdry's Will
Supreme Court of Vermont
Appeal Erom a Decree op The Probate Court establishing an instrument as the last will and testament of Almira E. Cowdry. George Wheeler, proponent. Henry C. Holmes and others, contestants. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for the proponent. The contestants excepted. The opinion states the facts. The law presumes undue influence when a ward malees a will in favor of his guardian.
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Appeal Erom a Decree op The Probate Court establishing an instrument as the last will and testament of Almira E. Cowdry. George Wheeler, proponent. Henry C. Holmes and others, contestants. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for the proponent. The contestants excepted. The opinion states the facts. The law presumes undue influence when a ward malees a will in favor of his guardian. Breed v. Pratt, 18 Peck 115; Richmond’s Appeal, 59 Conn. 286, 21 Am. St. Rep. 85; Meek v. Perry, 36 Miss. 190; Note to' Thompson v. Thompson et…
1Opinion of the CourtRowell, C. J.
Before the passage of No. 58, Acts of 1898, the statute provided for the appointment of guardians only of spendthrifts, insane persons, and certain absconding persons. Section 2760 mentions such guardians by name, and defines their authority and control. Section 7 provides that the words, “insane persons,” shall include every idiot, non compos, lunatic, and distracted person.
A person who is adjudged a non compos, and placed under guardianship as such, is thereby rendered prima facie incapable of making a will while the adjudication remains in force. In re Wheelock’s Will, 76 Vt. 235, 56 Atl.…
2Cases cited8 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Coffin v. United StatesSupreme Court of the United States · 1895
- Bradish v. BlissSupreme Court of Vermont · 1862
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Childs v. MerrillSupreme Court of Vermont · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Estate of StaabWisconsin Supreme Court · 1918
- In Re Moxley's WillSupreme Court of Vermont · 1930
22 more not listed; retrieve them via the Exa API.