In re Mason's Will
Supreme Court of Vermont
Appeal from a decree of the probate court establishing an instrument as the last will and testament of Jane Mason. Martha Mason, one of the testatrix’s children, proponent, and John Mason, another child, contestant. Trial by jury at the December Term, 1907, Caledonia County, Waterman, J., presiding. Verdict and judgment for the proponent. The contestant excepted. The opinion states the case. It was error to admit the testimony as to the interview with the testatrix.
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Appeal from a decree of the probate court establishing an instrument as the last will and testament of Jane Mason. Martha Mason, one of the testatrix’s children, proponent, and John Mason, another child, contestant. Trial by jury at the December Term, 1907, Caledonia County, Waterman, J., presiding. Verdict and judgment for the proponent. The contestant excepted. The opinion states the case. It was error to admit the testimony as to the interview with the testatrix. It was conceded that at the time of that interview she was sane. Crocker v. Chase, 57 - Vt. 413; CMckering v. Brooks, 61 Vt.…
1Opinion of the CourtMunson, J.
Evidence regarding the mental condition of the testatrix and her feelings towards her children four years before the execution of the will, was not too remote to be received in connection with like evidence relating to other times during the four years.
The contestant’s concession that the testatrix was sane at the time of the second interview testified to by Mr. Howe, did not render his account of that interview inadmissible. It is ordinarily within the discretion of the court to reject or receive evidence of a fact that is conceded. Dunning v. Maine Cen. R. Co., 91 Me. 87, 39 Atl. 352, 64…
2Cases cited6 opinions
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- Dunning v. Maine Central RailroadSupreme Judicial Court of Maine · 1897
- Crocker v. Chase's EstateSupreme Court of Vermont · 1885
- Burton's Admr. v. BurtonSupreme Court of Vermont · 1909
- Manley's v. StaplesSupreme Court of Vermont · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fuentes v. TuckerCalifornia Supreme Court · 1947
- In re Esterbrook's WillSupreme Court of Vermont · 1910
- In re Estate of MartinSupreme Court of Vermont · 1918
- In Re Estate of RaedelSupreme Court of Vermont · 1989
- In re Healy's WillSupreme Court of Vermont · 1920
8 more not listed; retrieve them via the Exa API.