Crowninshield v. Crowninshield
Massachusetts Supreme Judicial Court
Appeal by the heirs at law of Edward Crowninshield, deceased, from a decree of the judge of probate, allowing the probate of his will. Trial before Bigelow, J. by whose direction the following issue to a jury was framed: The appellee, who was the executor named in said will, pleaded “ that the said Edward Crowninshield, at the time of executing the said paper writing, was a person of sound and disposing mind; and this he is ready to verify.”
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Appeal by the heirs at law of Edward Crowninshield, deceased, from a decree of the judge of probate, allowing the probate of his will. Trial before Bigelow, J. by whose direction the following issue to a jury was framed: The appellee, who was the executor named in said will, pleaded “ that the said Edward Crowninshield, at the time of executing the said paper writing, was a person of sound and disposing mind; and this he is ready to verify.” The appellants replied “ that they deny that, at the time of executing the aforesaid paper writing, the said Edward Crowninshield was a .person of sound…
1Opinion of the CourtThomas, J.
This case is before us on the report of the presiding judge. At the time of the execution of the instrument offered for probate, the testator was under guardianship, as an insane person. The presiding judge ruled that, under this state of facts, the burden of proof was upon the party seeking probate of the will, to show that, at the time of its execution, the testator was of sound mind. The verdict was that the testator was of unsound mind. If the ruling of the presiding judge was erroneous, the verdict is to be set aside; if right, judgment is to be entered on the verdict.
When one dies…
2Cases cited5 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Sheffield v. LoveringMassachusetts Supreme Judicial Court · 1815
- Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
- Dudley v. SumnerMassachusetts Supreme Judicial Court · 1804
- Blaney v. SargeantMassachusetts Supreme Judicial Court · 1805
3Cited by2 opinions
- RawleySupreme Judicial Court of Maine · 1919
- Estate of MahoneyCalifornia Superior Court · 1902