Legal Opinion

Rockwell's Appeal from Probate

Supreme Court of Connecticut

Decided July 27, 1886PublishedCited by 10 opinions

Appeal from a probate decree approving the •will of Chloe Rockwell, deceased; taken to the Superior Court in Fair-field County, and tried to the court before Andrews, J. The facts were found, and a residuary bequest to Georgie M. Benedict, and a clause appointing her executrix, were set aside, and the probate of the will otherwise affirmed. She appealed to this court. The case is sufficiently stated in the opinion.

1Opinion of the CourtCarpenter, J.

This is an appeal from a decree of a court of probate approving a document as the last will and testament of Chloe Rockwell, deceased. No reasons of appeal were filed in the Superior Court, so that the case stood and was tried upon the statutory issue—Was it a valid will? That issue involved three questions: 1. Was the paper executed with the requisite legal formalities ? 2. Did the testatrix' have testamentary capacity ? and 8. Did she execute it freely, without undue influence, fraud or mistake ? St. Leger’s Appeal from Probate, 34 Conn., 434.

The record answers the first two questions in…

2Cases cited1 opinion

  1. St. Leger's Appeal from ProbateSupreme Court of Connecticut · 1867

3Cited by10 opinions

  1. Livingston's Appeal From ProbateSupreme Court of Connecticut · 1893
  2. Old Colony Trust Co. v. BaileyMassachusetts Supreme Judicial Court · 1909
  3. Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982
  4. Sansona v. LaraiaSupreme Court of Connecticut · 1914
  5. Connecticut Junior Republic v. DohertyMassachusetts Appeals Court · 1985

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