Bellows v. Sowles
Supreme Court of Vermont
ActioN on a-contract. Plea, general issue. Trial by jury, April Term, 1885, Franklin County, Rowell, J., presiding. Verdict and judgment for the plaintiff-. It was averred, in the declaration, that the plaintiff was heir-at-law of Hiram Bellows; that the will of the said Hiram Bellows had been presented to the Probate Court for approval; that the plaintiff, on the 6th day of December, 1876, claimed “that he was left out of said will, etc. * •* * through undue influence had…
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ActioN on a-contract. Plea, general issue. Trial by jury, April Term, 1885, Franklin County, Rowell, J., presiding. Verdict and judgment for the plaintiff-. It was averred, in the declaration, that the plaintiff was heir-at-law of Hiram Bellows; that the will of the said Hiram Bellows had been presented to the Probate Court for approval; that the plaintiff, on the 6th day of December, 1876, claimed “that he was left out of said will, etc. * •* * through undue influence had and used upon said Hiram Bellows by said defendant and his wife, Maggie Sowles”; that the will was was void, and should…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The exceptions in regard to the admission and rejection of testimony are to lie considered with reference to the issues between the parties. The only issue tendered by the plaintiff upon the consideration for the defendant’s promise was whether he honestly, and upon reasonable grounds, entertained the belief that his uncle’s will was, so far as related to him, the product of undue influence exercised by the defendant and his wife. He expressly waived the right to show, and made no claim from'his evidence, that undue influence, in fact, had…
2Cited by3 opinions
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- In re Buckman's WillSupreme Court of Vermont · 1892
- Belknap v. RobinsonSupreme Court of New Hampshire · 1892