Welch v. Adams
Supreme Court of New Hampshire
Appeal from a decree of the probate court allowing' the will of Isaac Adams. The only issue joined was, whether the. testator was of sound and disposing mind. Verdict for the appellees, which the appellant moved to set aside. Neither of the appellees testified.
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Appeal from a decree of the probate court allowing' the will of Isaac Adams. The only issue joined was, whether the. testator was of sound and disposing mind. Verdict for the appellees, which the appellant moved to set aside. Neither of the appellees testified. The appellant, by the exercise of discretion under the statute, was permitted to testify generally, but, subject to exception, was excluded as to conversations and matters occurring between himself and the deceased, and as to which the latter, if alive, could have testified, it not appearing to the court that injustice was done…
1Opinion of the CourtSmith, J.
1. The statute does not require a will to be signed or sealed in the presence of the subscribing witnesses, nor that they sign in the presence of each other (G. L., c. 193, s. 6), although this is usual, and generally advisable. The testator may have sufficient reasons for not disclosing the fact that he has made his will. Swinb. Wills 27. His acknowledgment that the seal and signature are his, with a request to the witnesses to attest the instrument, is sufficient. Osborn v. Cook, 11 Cush. 532. The fact that the will in this case was signed, sealed, and witnessed as such in the presence of…
2Cases cited7 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Deupree v. DeupreeSupreme Court of Georgia · 1872
- F. B. Brown & Wife v. CarrollSupreme Court of Georgia · 1867
- McKeen v. FrostSupreme Judicial Court of Maine · 1858
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3Cited by29 opinions
- United States v. Scott FranzCourt of Appeals for the Seventh Circuit · 1989
- Leahy v. TimonTexas Supreme Court · 1919
- Jose Zaldana Menijar v. Loretta LynchCourt of Appeals for the Sixth Circuit · 2015
- Commonwealth v. YoungSupreme Court of Pennsylvania · 1990
- Tide-Water Pipe Co. v. Blair Holding Co. Inc.Supreme Court of New Jersey · 1964
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