Nash v. Reed
Supreme Judicial Court of Maine
This was an appeal from the decision of the Judge of Probate, probating the will of Church Nash, deceased. It appeared in evidence, that D. G. Wagner, one of the three subscribing witnesses, was the son of the testator’s wife, by a former husband; that his mother married the testator when the said Wagner was about eleven years of age; that he had been brought up in the testator’s family; married and living afterwards in another part of testator’s house, with testator, and…
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This was an appeal from the decision of the Judge of Probate, probating the will of Church Nash, deceased. It appeared in evidence, that D. G. Wagner, one of the three subscribing witnesses, was the son of the testator’s wife, by a former husband; that his mother married the testator when the said Wagner was about eleven years of age; that he had been brought up in the testator’s family; married and living afterwards in another part of testator’s house, with testator, and occupied some portion of testator's farm, for planting, kept a cow, horse and some young stock in his barn, and pastured…
1Opinion of the Court
The opinion of the Court was delivered by
Cutting, J.
A question is here presented, involving the construction of R. S., c. 82, § § 78, 83 and 84, which being collated, may be read thus: — “No person shall be excused *174or excluded from being a witness in any civil suit or proceeding at law, or in equity, (including special proceedings before courts of probate,) by reason of his interest in the event thereof as party or otherwise, except, at the time of trial, the party prosecuting, or the party defending, or any one of them, is an executor or an administrator, or made a party as heir of a…
2Cited by2 opinions
- Welch v. AdamsSupreme Court of New Hampshire · 1885
- Lord v. LordSupreme Court of New Hampshire · 1876