In re Esterbrook's Will
Supreme Court of Vermont
Appeal from a decree of the probate court establishing an instrument as the last will and testament of Nancy Esterbrook. Trial by jury at the April Term, 1909, Windham County, Butler, J., presiding. Verdict and judgment for the proponents. The contestants excepted. The opinion states the case. It was error to receive evidence of the financial condition of the principal beneficiary under the will.
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Appeal from a decree of the probate court establishing an instrument as the last will and testament of Nancy Esterbrook. Trial by jury at the April Term, 1909, Windham County, Butler, J., presiding. Verdict and judgment for the proponents. The contestants excepted. The opinion states the case. It was error to receive evidence of the financial condition of the principal beneficiary under the will. Pooler v. Chustman, 145 111. 405; Merriman’s Appeal, 108 Mich. 454; Murphree v. Senn, 107 Ala. 424; Page on "Wills, §386; Kelly v. Kelly, 168 111. 501; Bush v. Delano, 113 Mich. 321. The testimony of…
1Opinion of the CourtHaselton, J.
This was an appeal by the contestants from a decree of the probate court allowing and establishing a certain written instrument as the last will and testament of Nancy Esterbrook, late of Brattleboro. In county court a trial by jury was had. The verdict was in accordance with the contention of the proponents, and judgment on the verdict was rendered. The will was contested on the grounds of lack of testamentary capacity, undue influence and want of due execution. Mrs. Esterbrook left sixteen nephews and nieces and they were her next of kin. Don H. Miller, one of the nephews, was the principal…
2Cases cited9 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Fairchild v. BascombSupreme Court of Vermont · 1862
- In re Cowdry's WillSupreme Court of Vermont · 1905
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
- Crocker v. Chase's EstateSupreme Court of Vermont · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Iwanowa v. Ford Motor Co.District Court, D. New Jersey · 1999
- In re Bean's WillSupreme Court of Vermont · 1912
- State v. FelchSupreme Court of Vermont · 1918
- Murray v. NelsonSupreme Court of Vermont · 1923
- EA Coronis Assocs. v. M. Gordon Constr. Co.New Jersey Superior Court Appellate Division · 1966
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