Fellows v. Allen
Supreme Court of New Hampshire
Appeal, from a decree of the probate court, allowing the will of Elizabeth R. Tennant. The defendant, who presented it for probate, is named executrix in the will. The plaintiffs are nieces of the testatrix, and claim as two of her heirs-at-law. The instrument bears date March 19, 1860, .and is signed by the maiden name of the deceased, Elizabeth R. Fellows, who at that time was unmarried.
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Appeal, from a decree of the probate court, allowing the will of Elizabeth R. Tennant. The defendant, who presented it for probate, is named executrix in the will. The plaintiffs are nieces of the testatrix, and claim as two of her heirs-at-law. The instrument bears date March 19, 1860, .and is signed by the maiden name of the deceased, Elizabeth R. Fellows, who at that time was unmarried. In 1874 she married Arthur Tennant, with whom she resided until her death, in October, 1879. He was appointed administrator upon her estate, and died in April, 1880, when another administrator was…
1Opinion of the CourtAllen, J.
The will was not made invalid because one of the subscribing witnesses subsequently became the husband of the testatrix. It was sufficient if he was a credible witness at the time of the execution of the will. Lord v. Lord, 58 N. H. 7. And the fact that one or more of the witnesses were dead at the time the will was presented for probate did not render it invalid, for its due execution could be proved by any competent evidence. 2 Red. Wills 84; Dean v. Dean, 27 Vt. 746. The death of the mother of the testatrix before her own death, and the change in her family relations by the marriage of her…
2Cases cited4 opinions
- Dean v. Heirs of DeanSupreme Court of Vermont · 1855
- Morton v. OnionSupreme Court of Vermont · 1872
- In re Carey's EstateSupreme Court of Vermont · 1877
- Graves v. SheldonSupreme Court of Vermont · 1824
3Cited by2 opinions
- In Re Walters' EstateNevada Supreme Court · 1940
- Gardner v. GardnerSupreme Court of New Hampshire · 1903