Pettes v. Bingham
Superior Court of New Hampshire
Appeal from a decree of the probate court, allowing and approving of a certain instrument, as the last will and testament of Joel Richards, deceased.
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Appeal from a decree of the probate court, allowing and approving of a certain instrument, as the last will and testament of Joel Richards, deceased. Upon the entry of the appeal, the counsel for the executor moved the court here, that the instrument might be approved and allowed ; and the appellants thereupon pleaded, that it ought not to be approved and allowed; 1, because, at the time of making and executing it, said Richards was not of sane mind : 2, because he was induced to execute it by over persuasions, and artful misrepresentations ; and, 3, because, at the time of executing it, he…
1Opinion of the Court
Parker, C. J.*
It is admitted by the counsel for the appellants, that the first issue is well found by the verdict. It is probably usual, in the probate courts, upon proof of a will, to enquire of the subscribing witnesses whether the testator was of a sound and disposing mind; but it seems to be well settled that every man is presumed to be sane, until there is some evidence shown to rebut that presumption. 3 Stark. *516Ev. 1702; 6 Cruise Dig. 15; 13 Ves. 89, White vs. Wilson; 3 Brown’s Ch. R. 443, Attorney General vs. Parnther. But if insanity be proved, and a lucid interval is alleged to have…
2Cases cited5 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Thompson v. ButtonNew York Supreme Court · 1817
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Jewett v. DavisSuperior Court of New Hampshire · 1834
- Holman v. KingsburySuperior Court of New Hampshire · 1827
3Cited by3 opinions
- Barnes v. BarnesSupreme Judicial Court of Maine · 1876
- In re Estate of WashburnSupreme Court of New Hampshire · 1997
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854