In re the Proof of the Paper Writing Purporting to be the Last Will & Testament of Miller
Superior Court of Delaware
Probate of the will of George Miller, deceased. William H. Miller and another oppose probate. Probate allowed. An issue, directed by the court, on an appeal from the decree of the Register of Wills, for New Castle County, probating the will of George Miller, deceased.
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Probate of the will of George Miller, deceased. William H. Miller and another oppose probate. Probate allowed. An issue, directed by the court, on an appeal from the decree of the Register of Wills, for New Castle County, probating the will of George Miller, deceased. (No. 49, November Term, 1910— No. 67, September Term, 1910.) The proceeding before the Register arose on a caveat opposing the probate of the said will, bearing date the twenty-seventh day of December, A. D. 1887. John H. Danby was the only living attesting witness to the will. When asked, as to the best of his knowledge was…
1Opinion of the Court
Pennewill, C. J.,
charging the jury:
Gentlemen of the jury:—This is a case in which the validity of an alleged will is contested. The court has seen fit to direct an issue to be tried by a jury in order the better to determine the question they must decide.
The caveators, or contestants, are William H. Miller and John S. Miller, brothers of the testator, who oppose the probate of a certain paper writing as the will of their brother George Miller,, on the ground that at the time of the execution of said paper writing George Miller did not have testamentary capacity. They contend, generally, that…
2Cases cited3 opinions
- Orchardson v. CofieldIllinois Supreme Court · 1897
- In re Segur's WillSupreme Court of Vermont · 1899
- Ball v. KaneSuperior Court of Delaware · 1897
3Cited by3 opinions
- Matter of Estate of WatersSupreme Court of Delaware · 1994
- In Re the Purported Last Will & Testament of LangmeierCourt of Chancery of Delaware · 1983
- Peters v. KnightIndiana Court of Appeals · 1937