Manley's v. Staples
Supreme Court of Vermont
This was an appeal from a decree of the Probate Court, admitting to probate the will of Madison S. Manley. Trial by jury at the March Term, 1889, Ross, J., presiding. Exceptions by the contestant.
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This was an appeal from a decree of the Probate Court, admitting to probate the will of Madison S. Manley. Trial by jury at the March Term, 1889, Ross, J., presiding. Exceptions by the contestant. It appeared that the contestant had applied to the Probate Court for the appointment of a guardian for the testator, on the ground that he was an insane person; and that this application had been, after a full hearing, denied, -Dec. 10, 1887. Shortly after this the will was made, and the evidence of the contestant showed that there had been no change in the mental condition of the testator between…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
• This is an appeal from the probate of a testamentary writing as the last will and testament of Madison S. Manley. The exceptions show that the • contestant, who is a daughter of the testator, filed several pleas, which were replied to; but the pleadings are lost, and we do not know what they were, except that it is conceded that one of the pleas set up want of testamentary capacity. The proponent claims, but it is not conceded, that to this plea he replied by way of estoppel the decree *155of the Probate Court hereinafter mentioned, and that…
2Cases cited1 opinion
- Williams v. RobinsonSupreme Court of Vermont · 1867
3Cited by2 opinions
- Emry v. BeaverIndiana Supreme Court · 1922
- Gruwell v. HendershottSupreme Court of Iowa · 1907