McKeen v. Frost
Supreme Judicial Court of Maine
This was an appeal from a decree of the Judge of Probate in the county of Sagadahoc, approving and allowing the last will and testament of William Frost. The appellee called Ebenezer Everett and A. J. Stone, two of the subscribing witnesses to the will, and proposed to examine them as to the due execution of it.
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This was an appeal from a decree of the Judge of Probate in the county of Sagadahoc, approving and allowing the last will and testament of William Frost. The appellee called Ebenezer Everett and A. J. Stone, two of the subscribing witnesses to the will, and proposed to examine them as to the due execution of it. The appellants objected to the examination of these witnesses, unless one James G. Mustard, whose name was also on the will as a witness, was produced or his deposition taken. The appellee, then, to account for his absence, offered the deposition of Fanny P. Mustard, wife of said…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
The names which appear, as attesting witnesses, upon the instrument purporting to be the last will and testament of William Frost, are Ebenezer Everett, Alfred J. Stone, and James G-. Mustard. It was in evidence that Mustard had been in California for six years before, and was not present at the trial of this cause in this Court. Everett and Stone were allowed to testify, against the objection of the appellants, made upon the ground that the appellee was bound to produce the evidence of Mustard in some form, in order to, establish the will.
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2Cases cited1 opinion
- Chase v. LincolnMassachusetts Supreme Judicial Court · 1807
3Cited by5 opinions
- Welch v. AdamsSupreme Court of New Hampshire · 1885
- Board of Trade v. HaydenWashington Supreme Court · 1892
- Wells v. ThompsonSupreme Court of Georgia · 1913
- In re Will of SomervaillWisconsin Supreme Court · 1899
- In Re Paradis'willSupreme Judicial Court of Maine · 1952