Denison: Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of probate approving the will of Stiles Park. The reasons of appeal assigned by the appellants were, 1st, that the testator was not of sound mind at the time the will was executed, and 2nd, that he had been induced to sign the will by fraud and undue influence used upon him, while enfeebled in mind, by one Ledyard Park, who was the principal legatee under the will.
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Appeal from a decree of probate approving the will of Stiles Park. The reasons of appeal assigned by the appellants were, 1st, that the testator was not of sound mind at the time the will was executed, and 2nd, that he had been induced to sign the will by fraud and undue influence used upon him, while enfeebled in mind, by one Ledyard Park, who was the principal legatee under the will. The appellees denied these allegations, and issue was closed upon them, and the case tried to the jury. The testator at the time of his decease had one brother, Ledyard Park, above named, and three sisters, who…
1Opinion of the CourtHinman, J.
We think the superior court erred in rejecting the evidence of the declaration made by the testator before the execution of his will, and before there was any claim that his .mind had become impaired, that none of his property should ever go into the family of Ledyard .Park. His will was directly contrary to what might have been expected if he was sincere in making the declaration, as appears by the will itself, which, in fact, disposes of the bulk of his whole estate to Ledyard Park and his children. The questions before the court were, whether, at the time the will was made, the testator…
2Cited by9 opinions
- Piercy v. PiercyCalifornia Court of Appeal · 1912
- Blackman v. EdsallColorado Court of Appeals · 1902
- Vivian's Appeal From ProbateSupreme Court of Connecticut · 1901
- Maroncelli v. StarkweatherSupreme Court of Connecticut · 1926
- Dinges v. BransonWest Virginia Supreme Court · 1878
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