Hastings v. Rider
Massachusetts Supreme Judicial Court
Appeal by the daughter and sole heir at law of Adam C. Rider, late of Springfield, from the allowance by the judge of probate of an instrument as his last will, the execution of which the appellant contended was procured by undue influence and while the testator was not of sound and disposing mind.
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Appeal by the daughter and sole heir at law of Adam C. Rider, late of Springfield, from the allowance by the judge of probate of an instrument as his last will, the execution of which the appellant contended was procured by undue influence and while the testator was not of sound and disposing mind. At the trial, before the chief justice, of issues framed on each allegation, the jury found on both against the will; and questions of law were raised by the executor, which the chief justice reported for the revision of the full court, by whose decision so much of the report as related to the…
1Opinion of the CourtGray, J.
The rules which must govern this case are so well settled in this Commonwealth by judicial decision, that it is unnecessary to consider the numerous and conflicting adjudications in other states.
The subscribing witnesses to a will may testify to their opinion of the testator’s sanity, upon its being presented for probate, because that is one of the facts necessary to the validity of the will, which the law places them around the testator to attest and testify to. But other witnesses, having no peculiar skill or professional experience, can testify only to facts within their own *625knowledge,…
2Cases cited3 opinions
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
- Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
3Cited by23 opinions
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. SheppardMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. SchulzeMassachusetts Supreme Judicial Court · 1983
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- Taylor v. CreeleyMassachusetts Supreme Judicial Court · 1926
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