Howes v. Colburn
Massachusetts Supreme Judicial Court
Appeal, by the executors of the will of Joseph Colburn, from a decree of the Probate Court disallowing the will. At the trial, before Morton, J., the only issue submitted to the jury was as follows: “Was Joseph Colburn, at the time of the execution of the instrument propounded as his last will, of sound and disposing mind?” The jury answered the issue in the affirmative; and the appellees alleged exceptions.
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Appeal, by the executors of the will of Joseph Colburn, from a decree of the Probate Court disallowing the will. At the trial, before Morton, J., the only issue submitted to the jury was as follows: “Was Joseph Colburn, at the time of the execution of the instrument propounded as his last will, of sound and disposing mind?” The jury answered the issue in the affirmative; and the appellees alleged exceptions. The facts appear in the opinion, and in a note to the opinion added by the reporter.
1Opinion of the CourtAllen, J.
1. It was necessary, according to our practice, for the executors to call all the attesting witnesses, they being accessible. Chase v. Lincoln, 3 Mass. 236. Sears v. Dillingham, 12 Mass. 358, 362. But there is no rule of law which requires them all to be examined at the outset. The order in which witnesses shall be called is a matter of discretion with the court. Cushing v. Billings, 2 Cush. 158. Commonwealth v. Moulton, 4 Gray, 39. Liverpool Wharf v. Prescott, 4 Allen, 22. Commonwealth v. Dam, 107 Mass. 210. All of the attesting witnesses were called by the executors before closing their…
2Cases cited9 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Chase v. LincolnMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. PomeroyMassachusetts Supreme Judicial Court · 1875
- White v. GravesMassachusetts Supreme Judicial Court · 1871
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3Cited by19 opinions
- Aldrich v. AldrichMassachusetts Supreme Judicial Court · 1913
- Burgess v. SylvesterCourt of Appeals of Texas · 1944
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Finer v. SteuerMassachusetts Supreme Judicial Court · 1926
- Taylor v. TaylorIndiana Supreme Court · 1910
14 more not listed; retrieve them via the Exa API.