Legal Opinion

Robinson v. Hutchinson

Supreme Court of Vermont

Decided December 15, 1853PublishedCited by 14 opinions

This was an appeal from a decree of the court of probate, for the district of Chittenden, admitting to probate the alleged last will and testament of Mrs. Nancy Robinson, deceased. At the September Term of the County Court — Poland, J., presiding — the case was tried by jury, and a verdict returned in favor of the will.

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This was an appeal from a decree of the court of probate, for the district of Chittenden, admitting to probate the alleged last will and testament of Mrs. Nancy Robinson, deceased. At the September Term of the County Court — Poland, J., presiding — the case was tried by jury, and a verdict returned in favor of the will. On the trial, it was claimed by the appellants that the testatrix was a person of advanced age, and infirm health, and that at the time of the execution of the will she had become, in consequence of disease and domestic affliction, greatly broken and enfeebled in mind and…

1Opinion of the Court

The opinion of the court was delivered by

Isham:, J.

The probate of this will is resisted on the ground, that it was obtained from the testatrix, by the influence and undue importunity of her sons, John H. and Franklin Robinson. The will was drawn by Franklin Robinson, who was largely benefitted by its provisions, to the exclusion in a great degree of his sister, Mrs. Hutchinson. It is insisted, that the testatrix was imposed upon by him, at the time of its execution, as to the character and effect of its provisions; and that the will was obtained, when the testatrix was greatly enfeebled in…

2Cases cited2 opinions

  1. Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
  2. Wilson v. WilsonSupreme Court of Vermont · 1829

3Cited by14 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Gibson v. GibsonSupreme Court of Missouri · 1857
  3. Taylor v. TaylorIndiana Supreme Court · 1910
  4. Williams v. RobinsonSupreme Court of Vermont · 1870
  5. Crocker v. Chase's EstateSupreme Court of Vermont · 1885

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