Legal Opinion

Kimberly

Supreme Court of Connecticut

Decided December 22, 1896PublishedCited by 21 opinions

Appeal from an order and decree of the Court of Probate for the district of New Haven, approving a certain- instrumentas the last will of Frederick H. Hoadley, deceased, taken to the Superior Court in New Haven County and tried to the jury before Prentice, J.; verdict and judgment sustaining the will, and appeal by the appellants for alleged errors in the rulings and charge of the court. The case is sufficiently stated in the opinion.

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Appeal from an order and decree of the Court of Probate for the district of New Haven, approving a certain- instrumentas the last will of Frederick H. Hoadley, deceased, taken to the Superior Court in New Haven County and tried to the jury before Prentice, J.; verdict and judgment sustaining the will, and appeal by the appellants for alleged errors in the rulings and charge of the court. The case is sufficiently stated in the opinion. The question as to what constitutes an insane delusion is one of fact for the jury, not one of law for the court. It was, therefore, error for the court to give…

1Opinion of the Court

Fenít, J.

This is an appeal to the Superior Court from an order and decree of the Court of Probate for the district of New Haven, approving an instrument purporting to be the last will and testament of Frederick H. Hoadley, of said New Haven. The case was tried to a jury, and the will was sustained.

The only claim made upon the trial by the appellants related to the testamentary capacity of the testator, and was that he was of unsound mind on November 2d, 1893, the time said instrument was executed. The five reasons assigned in the appeal to this court present three questions. The first relates…

2Cases cited9 opinions

  1. Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
  2. Sydleman v. BeckwithSupreme Court of Connecticut · 1875
  3. Haines v. HaydenMichigan Supreme Court · 1893
  4. First Baptist Church & Congregation in Stamford v. RouseSupreme Court of Connecticut · 1851
  5. Hale v. HillsSupreme Court of Connecticut · 1830

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Turner's Appeal From ProbateSupreme Court of Connecticut · 1899
  2. Jackson v. WallerSupreme Court of Connecticut · 1940
  3. Fox v. SchaefferSupreme Court of Connecticut · 1944
  4. Scott v. GerrishCalifornia Supreme Court · 1900
  5. Sturdevant's Appeal from ProbateSupreme Court of Connecticut · 1899

16 more not listed; retrieve them via the Exa API.

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