Lane v. Hill
Supreme Court of New Hampshire
Appeal, from the probate of the will of George W. Lane. Three issues were presented, at the trial: (1) That the will probated and allowed by the probate court was not the last will and testament of George W. Lane; (2) that the will was not signed by George W. Lane, nor by any person in his presence and by his express direction; (8) that the instrument was not attested and subscribed in his presence and at his request by three credible witnesses.
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Appeal, from the probate of the will of George W. Lane. Three issues were presented, at the trial: (1) That the will probated and allowed by the probate court was not the last will and testament of George W. Lane; (2) that the will was not signed by George W. Lane, nor by any person in his presence and by his express direction; (8) that the instrument was not attested and subscribed in his presence and at his request by three credible witnesses. On the first issue the jury were unable to agree. On the second and third issues they returned a verdict in favor of the plaintiff. The testimony of…
1Opinion of the CourtParsons, J.
Three issues were submitted to the jury. Upon two the jury found for the plaintiff, in substance, that the will was duly executed by the testator, George 'W. Lane. To this verdict and the evidence upon which it is founded, there is no exception. TJpon the first issue, that the will probated and allowed by the probate court was not the last will and testament of George W. Lane, the jury were uuable to agree. The plaintiff moves for judgment on the ground that all evidence introduced and offered by the defendant to prove this issue was insufficient in law for that purpose. If the first issue is…
2Cases cited7 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Dan v. BrownNew York Supreme Court · 1825
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Cheever v. NorthMichigan Supreme Court · 1895
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3Cited by17 opinions
- Williams v. MilesNebraska Supreme Court · 1903
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- In re Will of DunahughSupreme Court of Iowa · 1906
- Rea v. PursleySupreme Court of Georgia · 1930
- Schaefer v. VoyleSupreme Court of Florida · 1924
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