Dean v. Heirs of Dean
Supreme Court of Vermont
Wills, their publication, attestation and proof. Appeal from the decree of the probate court for the district of Washington, disallowing the probate of an instrument, purporting to be the last will and testament of Ezra Dean. The case was tried by jury, September Term, 1854, — Poland, J., presiding.
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Wills, their publication, attestation and proof. Appeal from the decree of the probate court for the district of Washington, disallowing the probate of an instrument, purporting to be the last will and testament of Ezra Dean. The case was tried by jury, September Term, 1854, — Poland, J., presiding. The attestation clause to the will was as follows: “ signed, sealed “ and delivered by the above named Ezra Dean, to be his last will “ and cestament, in tlie presence of us, who at his request and in “ his presence have subscribed our names, as witnesses thereto. “ Nathan W. Pierce, “ James Caret…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise on exceptions allowed on the probate of an instrument purporting to be the will of Ezra Dean. The will, with the exception of the attestation clause, appears, on its face, to have been legally executed. The statute requires such instruments to be signed by the testator, and witnessed by three witnesses who signed the same as such, in the presence of the testator, and in the presence of each other. The attestation clause is informal, in not stating that the witnesses signed the same in the presence of each…
2Cases cited6 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Adams v. FieldSupreme Court of Vermont · 1849
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Chase v. LincolnMassachusetts Supreme Judicial Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Bundy v. McKnightIndiana Supreme Court · 1874
- Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Allen v. GriffinWisconsin Supreme Court · 1887
9 more not listed; retrieve them via the Exa API.