Denny v. Heirs of Pinney
Supreme Court of Vermont
Appeal from the probate of the will of Harriet Pinney. Trial by jury, September Term, 1886, Powers, J., presiding. Verdict sustaining the will. Affirmed. The will purported to be signed by the said Harriet Pinney and witnessed by E. W. Bartlett, Abbie C. Howes, and Willie E. Baker.
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Appeal from the probate of the will of Harriet Pinney. Trial by jury, September Term, 1886, Powers, J., presiding. Verdict sustaining the will. Affirmed. The will purported to be signed by the said Harriet Pinney and witnessed by E. W. Bartlett, Abbie C. Howes, and Willie E. Baker. It was conceded that said Baker had deceased; and it appeared that said Bartlett, at the time of the trial, was residing in the State of New York, but that, since the cause had been pending, he had been in Northfield for several days, where the testatrix lived the last fifteen years of her life, and where the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The testatrix and the attesting witnesses severally signed the will in the presence of each other. The testatrix did not personally say it was her will. Mr. Baker, who drew the will for her, in her presence announced to the witnesses that it was her will and requested them to sign it as witnesses. This was a sufficient publication of the will, and gave the witnesses full knowledge of the act they were performing. The act of the testatrix, in signing the alleged will, in the presence of the witnesses after they had been informed by Mr. Baker…
2Cases cited4 opinions
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Williams v. RobinsonSupreme Court of Vermont · 1870
- Dean v. Heirs of DeanSupreme Court of Vermont · 1855
- Roberts v. WelchSupreme Court of Vermont · 1873
3Cited by11 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Miller v. BushMontana Supreme Court · 1908
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- Travis v. StrausCalifornia Supreme Court · 1915
- Wells v. ThompsonSupreme Court of Georgia · 1913
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