Legal Opinion

Frary v. Gusha

Supreme Court of Vermont

Decided October 15, 1886PublishedCited by 10 opinions

Appeal from the Probate Court admitting to probate the will of David Gushá. Pleas, want of testamentary capacity because of insanity, and fraud and undue influence. Trial by jury, December Term, 1885, Orange County, Rowell, J., presiding. Verdict, that the paper propounded as the will of said Gusha ought not to stand and be established because of his incapacity. Dr. Fred Fletcher was improved as a common witness, and not as an expert, by the proponent.

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Appeal from the Probate Court admitting to probate the will of David Gushá. Pleas, want of testamentary capacity because of insanity, and fraud and undue influence. Trial by jury, December Term, 1885, Orange County, Rowell, J., presiding. Verdict, that the paper propounded as the will of said Gusha ought not to stand and be established because of his incapacity. Dr. Fred Fletcher was improved as a common witness, and not as an expert, by the proponent. It had already appeared in the case that the testator committed suicide on the 24th day of August, 1880. The witness testified in chief that…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This was an appeal from an order of the Probate Court admitting an instrument purporting to be the will of David Gusha to probate. The plea was want of testamentary capacity because of insanity, and undue influence of A. E. Richardson and others.

The will was executed June 30, 1879, and July 17, 1879, an application was made by the contestant, Alonzo Gusha, for *263the appointment of a guardian for the testator, upon the ground of his age, infirmity and general incapacity to manage his business. On the hearing both the testator and contestant…

2Cases cited1 opinion

  1. Fairchild v. BascombSupreme Court of Vermont · 1862

3Cited by10 opinions

  1. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  2. Sheldon v. WrightSupreme Court of Vermont · 1907
  3. Lynds v. Town of PlymouthSupreme Court of Vermont · 1901
  4. State v. MarshSupreme Court of Vermont · 1898
  5. State v. WillettSupreme Court of Vermont · 1905

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