Vivian's Appeal From Probate
Supreme Court of Connecticut
Appeal from an order and decree of the Court of Probate for the district of Norwich approving a certain written instrument as the last will and testament of John L. Vivian of Norwich, deceased, taken to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment sustaining the will, and appeal by the contestants for alleged errors in the rulings of the court upon questions of evidence.
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Appeal from an order and decree of the Court of Probate for the district of Norwich approving a certain written instrument as the last will and testament of John L. Vivian of Norwich, deceased, taken to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment sustaining the will, and appeal by the contestants for alleged errors in the rulings of the court upon questions of evidence. The reasons of appeal were that the paper was not duly-executed as a will, and also the use of undue influence by the wife of the alleged testator, who was the sole…
1Opinion of the CourtBaldwin, J.
There was written on the paper propounded as the will of John L. Vivian the following affidavit: —
“I, Allen Tenny, one of the attesting witnesses to the within and foregoing will of John L. Vivian on oath say that I attested the said will and subscribed the same in the presence of the testator and in the presence of the other two subscribing witnesses to said will; that the other two witnesses thereto subscribed and attested said will in my presence in the presence of each other and in the presence of said testator and that said testator at the time of execution of said will was of sound mind…
2Cases cited5 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- St. Leger's Appeal from ProbateSupreme Court of Connecticut · 1867
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Curtis v. GillSupreme Court of Connecticut · 1867
- Denison: Appeal from ProbateSupreme Court of Connecticut · 1860
3Cited by29 opinions
- State v. SaucierSupreme Court of Connecticut · 2007
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- Richmond v. City of NorwichSupreme Court of Connecticut · 1921
- Shulman v. ShulmanSupreme Court of Connecticut · 1963
- Spencer's Appeal From ProbateSupreme Court of Connecticut · 1905
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