Wetherbee's Executors v. Wetherbee's Heirs
Supreme Court of Vermont
Appeal from tlio decision of the probate court, allowing a written instrumentas the last will of Joshua 'Wetherbee, deceased. The defence insisted on under appropriate pleas, was: First, "Want of testamentary capacity. Second, Weakness of intellect and undue influence.
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Appeal from tlio decision of the probate court, allowing a written instrumentas the last will of Joshua 'Wetherbee, deceased. The defence insisted on under appropriate pleas, was: First, "Want of testamentary capacity. Second, Weakness of intellect and undue influence. The instrument in question was executed on the 8th April, 1861. Dr. S. W. Thayer, a practicing physician, was introduced as a witness for the contestants, who testified in substance that in the latter part of February, 1861, he visited,, professionally, the testator at the request of and in company with Dr. Cram, Sen., (since…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The issue on the trial below was upon the testamentary capacity of Joshua Wetherbee, when he executed the will in question, April 8th, 1861. In the previous February the witness, Thayer, a physician and expert, visited him professionally and found *460him at that time diseased in body and mind and mentally incapable of transacting business understandingly. How far his condition on the last of February would tend to prove his condition on the 8th of April, would depend very much upon the nature of his disease. The contestants claimed that the…
2Cases cited1 opinion
- Heald v. ThingSupreme Judicial Court of Maine · 1858
3Cited by9 opinions
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- People v. . StraitNew York Court of Appeals · 1896
- Fowlie's Admx. v. McDonald, Cutler & Co.Supreme Court of Vermont · 1909
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