Smith v. Smith
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the will and codicil thereto of John B. Smith. At the trial in this court, before Morton, J., certain issues were submitted to the jury, the answers to which were adverse to the appellant; and he alleged exceptions to the exclusion of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtBarker, J.
Upon the trial of an issue whether the testator was of sound mind, a witness who had known him many years, and had testified that he began to fail about twenty years ago, and had failed mentally and physically, and that he had noticed a decided change in his intelligence, and that from 1887 to 1890, when the will was made, he had noticed that he was very decrepit, and that he was broken up generally as compared with former years, was then asked, “ Whether, from the general appearance of the testator, he considered him capable of making a contract, or of transacting important business ? ” The…
2Cases cited17 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Barker v. CominsMassachusetts Supreme Judicial Court · 1872
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
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3Cited by3 opinions
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Hogan v. Heirs of RocheMassachusetts Supreme Judicial Court · 1901