Hodgman v. Kittredge
Supreme Court of New Hampshire
Appeal from the probate of the will of Joseph Kittredge. Facts agreed. Joseph Kittredge died November, 1891, leaving a widow, Katherine H. Kittredge, a daughter, Katie L. Hodgman, and two grandchildren, Ella Belle Kittredge and Harry F. Kittredge, children of a deceased son. He nominated James C. F. Hodgman, the husband of Katie L., for executor of his will.
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Appeal from the probate of the will of Joseph Kittredge. Facts agreed. Joseph Kittredge died November, 1891, leaving a widow, Katherine H. Kittredge, a daughter, Katie L. Hodgman, and two grandchildren, Ella Belle Kittredge and Harry F. Kittredge, children of a deceased son. He nominated James C. F. Hodgman, the husband of Katie L., for executor of his will. Mr. Hodgman is one of the three witnesses to the will, which is dated November 7, 1891. Upon the probate of the will Mr. Hodgman was appointed executor, and has partially administered the estate. After the payment of the testator’s debts…
1Opinion of the CourtCarpenter, J.
A will must be “ attested and subscribed . . . by three or more credible witnesses,” — that is to sajq by witnesses competent at the time the will is executed to testify in a court of justice to its execution. G. L., c. 193, s. 6; Carlton v. Carlton, 4 0 N. H. 14; Frink v. Pond, 46 N. H. 125; Lord v. Lord, 58 N. H. 7. The object of the statute is “ to prevent frauds as well as perjuries. Wills are frequently made by a testator in extremis, or when he is greatly debilitated by age or infirmity, when frauds may be practised upon him with facility by the crafty and designing ; and it was the…
2Cases cited6 opinions
- Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
- Giddings v. TurgeonSupreme Court of Vermont · 1886
- Jackson ex dem. Cooder v. WoodsNew York Supreme Court · 1799
- Pease v. AllasMassachusetts Supreme Judicial Court · 1872
- Jackson ex dem. Beach v. DurlandNew York Supreme Court · 1801
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Ross v. CarlinoSupreme Court of New Hampshire · 1979
- Krahl v. LehmannCourt of Appeals of Texas · 1955
- Ziegelgruber v. Harrison ex rel. HarrisonCourt of Civil Appeals of Oklahoma · 1987
- Matter of Estate of HarrisonCourt of Civil Appeals of Oklahoma · 1987