Phelps v. Hartwell
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the judge of probate for this county establishing a certain instrument as the last will and testament of Phinehas Hartwell. The appellants were children and heirs of the said Phinehas, and legatees; and the appellees were his sons, principal devisees, and named executors in the instrument purporting to be his will.
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This was an appeal from a decree of the judge of probate for this county establishing a certain instrument as the last will and testament of Phinehas Hartwell. The appellants were children and heirs of the said Phinehas, and legatees; and the appellees were his sons, principal devisees, and named executors in the instrument purporting to be his will. Several reasons of appeal were filed in the case ; but the counsel for the appellants consenting to waive every objection to the decree suggested in the reason of appeal. excepting those which related to the sanity of the testator, [ * 72 ] the…
1Opinion of the Court
Dana, C. J., Strong, and Thacher,
justices, were against admitting the evidence offered. They said that the question before the jury was, whether the testator was of sound disposing mind and memory, or not, at the time of making the instrument purporting to be his will; that this question is to be determined by facts and circum stances which took place at the time; the evidence now offered is of a bare opinion said to be expressed by one of the appellees; an opinion not delivered under oath ; grounded on we know not what; nor can the jury inquire or know whether there was reasonable ground for…
2Cited by1 opinion
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