Langdon v. Goddard
U.S. Circuit Court for the District of New Hampshire
[The bill in this case was originally filed by the plaintiffs against William Goddard and another. The bill was dismissed for want of certainty and other reasons after answer.
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[The bill in this case was originally filed by the plaintiffs against William Goddard and another. The bill was dismissed for want of certainty and other reasons after answer. Case No. 8,060. The present suit is by the same plaintiffs against William Goddard.J The bill in substance stated as follows; That Paul Langdon and Jeremiah S. Putnam are executors of the will and codicils of Elizabeth Sewall, widow, deceased; that the said Elizabeth Sewall died at York, Maine, on the 8th day of September, A. D. 1838; that her will, dated 25th July, 1834, and two codicils thereto, the one dated the 11th…
1Opinion of the Court
STORY, Circuit Justice.
I am of opinion, that all the exceptions to the answer are well taken, and ought to be allowed. The first exception turns upon the allegations in the answer therein referred to, by which an attempt is made by a side wind to impeach the bona fides and due execution of the codicil to the will of Mrs. Sewall, and by implication to insinuate that it was procured by fraud and imposition. Now, it is well known, that the courts of probate have a full and exclusive jurisdiction, as well in New Hampshire as in Maine, over the probate of wills, and that their decree, affirming…
2Cited by5 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Brown v. PierceSupreme Court of the United States · 1869
- Keown v. HughesCourt of Appeals for the First Circuit · 1920
- Johnson v. TuckerCourt of Appeals of Tennessee · 1875
- Mrzena v. BruckerCourt of Appeals of Tennessee · 1876