In re Healy's Will
Supreme Court of Vermont
Appeal from a decree of the probate court for the District of Bennington allowing an instrument as the last will and testament of Kate Healy. Plea, undue influence and fraud. Trial by jury at the June Term, 1919, Bennington County, Butler, J., presiding. Verdict and judgment for the proponent. The contestant excepted. The opinion states the case.
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Appeal from a decree of the probate court for the District of Bennington allowing an instrument as the last will and testament of Kate Healy. Plea, undue influence and fraud. Trial by jury at the June Term, 1919, Bennington County, Butler, J., presiding. Verdict and judgment for the proponent. The contestant excepted. The opinion states the case. An attorney cannot testify as to communications regarding a deed or other instrument which he prepared for his client in the course of such employment. Moore v. Bray, 10 Pa. St. 510; Aiken v. Eilburn, 27 Me. 252; Foster v. Hall, 12 Pick. 89; Halion…
1Opinion of the CourtSlack, J.
The county court on appeal from the probate court rendered judgment allowing and establishing a certain written instrument as the last will and testament of Kate Healy. The case is here on the contestant’s exceptions. She opposes the allowance of the will on the ground that it was procured through fraud and undue influence.
Bridget McNamara, the mother of the testatrix, on June 24, 1913, executed a will by the terms of which she devised to ■the testatrix the McNamara homestead located in Bennington village. On October 22nd, following, the testatrix executed the instrument in controversy,…
2Cases cited17 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- In re Young's EstateUtah Supreme Court · 1908
- Loree v. VedderMichigan Supreme Court · 1909
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- State v. LongSupreme Court of Vermont · 1922
- In Re Moxley's WillSupreme Court of Vermont · 1930
- MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
- Murray v. NelsonSupreme Court of Vermont · 1923
5 more not listed; retrieve them via the Exa API.