Healey v. Bartlett
Supreme Court of New Hampshire
Probate Appeal, from a decree allowing the will of the plaintiff’s testator. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1904, of the superior court by Pike, J. The testator’s sight and hearing were normal and his mind was clear when he executed the will, but he was confined to his bed by a broken leg and exhibited symptoms of lockjaw.
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Probate Appeal, from a decree allowing the will of the plaintiff’s testator. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1904, of the superior court by Pike, J. The testator’s sight and hearing were normal and his mind was clear when he executed the will, but he was confined to his bed by a broken leg and exhibited symptoms of lockjaw. After the will was signed by the testator, the witnesses took it to a table in a room across the hall from his chamber and affixed their signatures. The doors between the rooms were open, but the evidence as to the exact…
1Opinion of the CourtYoung, J.
When a testator is not prevented by physical infirmities from seeing and hearing what goes on around him, it is the general, if not the universal, rule, that his will is attested in Jfis presence if he understands and is conscious of what the witnesses are doing when they write their names, and can, if he is so disposed, readily change his position so that he can see and hear what they do and say. Casson v. Dade, 1 Bro. Ch. 99; Shires v. Glascock, 2 Salk. 688; Davy v. Smith, 8 Salk. 395; Riggs v. Riggs, 135 Mass. 238; Hopkins v. Wheeler, 21 R. I. 533,-45 Atl. Rep. 551; Cook v. Winchester, 81…
2Cases cited8 opinions
- United States v. BallSupreme Court of the United States · 1896
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Maynard v. VintonMichigan Supreme Court · 1886
- Cook v. WinchesterMichigan Supreme Court · 1890
- Riggs v. RiggsMassachusetts Supreme Judicial Court · 1883
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3Cited by12 opinions
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- In Re Demaris' EstateOregon Supreme Court · 1940
- Earl v. MundyCourt of Appeals of Texas · 1921
- State v. ThorpSupreme Court of New Hampshire · 1934
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