Canada's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of a court of probate refusing probate of a 'will; taken to the Superior Court in Windham County. The case was tried to the jury before Carpenter, J. The instrument was presented as the will of Erastus Canada, late of Champlin in Windham County, deceased, and was dated May 10th, 1879. By.it the testator gaye his whole property to Harlan Canada, the appellant, who was his son, making him also sole executor.
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Appeal from a decree of a court of probate refusing probate of a 'will; taken to the Superior Court in Windham County. The case was tried to the jury before Carpenter, J. The instrument was presented as the will of Erastus Canada, late of Champlin in Windham County, deceased, and was dated May 10th, 1879. By.it the testator gaye his whole property to Harlan Canada, the appellant, who was his son, making him also sole executor. The will was not in the handwriting of the testator. By a previous will, executed on the 8th of February, 1878, he had given one-fourth of his estate to the appellant,…
1Opinion of the CourtPardee, J.
This is an appeal from the decision of a court of probate refusing probate of an instrument presented as the will of Erastus Canada, deceased. The jury having rendered a verdict for the appellees, the appellant filed a motion for a new trial.
Upon the trial the appellees, in support of their claim that the instrument was not legally executed as a will, offered evidence that Thomas Baldwin, whose name appeared on the instrument as a witness, was at the time when it was executed very much intoxicated; that the testator did not publish and declare the instrument to be his will; that Baldwin was…
2Cases cited1 opinion
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
3Cited by27 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Shulman v. ShulmanSupreme Court of Connecticut · 1963
- Luper v. WertsOregon Supreme Court · 1890
- Jackson v. WallerSupreme Court of Connecticut · 1940
- Spencer's Appeal From ProbateSupreme Court of Connecticut · 1905
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