Robinson v. Hutchinson
Supreme Court of Vermont
Appeal by the defendants from a decree of the probate court for the district of Chittenden, admitting to probate a certain instrument as the last will "and testament of Nancy Eobinson, wherein the plaintiff was named as executor. The case was tried by jury, at the March Term, 1858,— Poland, J., presiding.
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Appeal by the defendants from a decree of the probate court for the district of Chittenden, admitting to probate a certain instrument as the last will "and testament of Nancy Eobinson, wherein the plaintiff was named as executor. The case was tried by jury, at the March Term, 1858,— Poland, J., presiding. It appeared that the will was drawn up by James F. Eobinson, a son of the testatrix and a legatee in the will, and that the defendant, who was also a son of the testatrix and a legatee, was present at the execution of the will, which took place September 2d, 1847. The testatrix died April…
1Opinion of the CourtPierpoint, J.
The first exception taken by the plaintiff to the ruling of the county court, is to the admission of evidence of the declarations of the plaintiff made in 1842 or 1843, as to the then mental condition of the testatrix.
At common law, the declarations and admissions of the party of record are always admissible, and that too, whether the party of record is a party in interest or not.
In this State we have adopted a different rule, and require that the party of record should also be a party in interest, in order to make his declarations evidence; 18 Vt. 371.
In this case, J. H. Robinson is not only…
2Cases cited1 opinion
- Sargeant v. SargeantSupreme Court of Vermont · 1846
3Cited by8 opinions
- People v. . BrooksNew York Court of Appeals · 1892
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- State v. StorrsSupreme Court of Vermont · 1933
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Cook v. StateIndiana Supreme Court · 1907
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