of Converse v. Converse
Supreme Court of Vermont
Appeal from a decree of the probate court, allowing the will of Hamblin Converse. Trial by jury, December Term, 1848, — Bennett, J. presiding.
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Appeal from a decree of the probate court, allowing the will of Hamblin Converse. Trial by jury, December Term, 1848, — Bennett, J. presiding. On trial, after the executor had given evidence to prove the formal execution of the will, the defendant introduced testimony tending to prove, that the testator, at the time of making the will, was about seventy eight years of age, and that as early as 1844 he was afflicted with a disease of the brain, which was incurable and progressive, and that he lost all reason for some months before he died; and physicians were called, who gave it as their…
1Opinion of the Court
*170The opinion of the court was delivered by
Redfield, J.
The subject involved in this case is one of some difficulty. It is not easy to lay down any precise rule, as to what exact amount of mental capacity is sufficient, to enable one to dispose of property by will. The rule laid down by the judge in this case, in summing up to the jury, seems to have been rather a medium one, rather sensible and judicious, and if we reversed the judgment, we could hardly expect to prescribe a safer or more intelligible one. Every man will have his own mode of expressing the thing. The rule of one is very little…
2Cited by24 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Chrisman v. CherismanOregon Supreme Court · 1888
- Benoist v. MurrinSupreme Court of Missouri · 1874
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
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