Drake's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of a probate court approving the will of Henry Drake, deceased; taken to the Superior Court in Hartford County, and tried to the jury, upon the issue of unsoundness of mind of the testator and undue influence and fraud practiced upon him,- before Culver, J. The will was as follows: “I, Henry Drake, of Windsor, county of Hartford, Connecticut, of sound and disposing mind and memory, and mindful of the uncertainty of human life, do make, publish and…
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Appeal from a decree of a probate court approving the will of Henry Drake, deceased; taken to the Superior Court in Hartford County, and tried to the jury, upon the issue of unsoundness of mind of the testator and undue influence and fraud practiced upon him,- before Culver, J. The will was as follows: “I, Henry Drake, of Windsor, county of Hartford, Connecticut, of sound and disposing mind and memory, and mindful of the uncertainty of human life, do make, publish and declare the following as and for my last will and testament. “ First. I give and bequeath to my brothers, William Drake and…
1Opinion of the CourtCarpenter, J.
The will of Henry Drake is contested mainly on the ground that it was obtained by undue influence. The jury sustained the will, and the appellants ask for a new trial for a misdirection. The material facts are these: — The testator left no family, his next of kin being brothers and sisters, who lived but a few miles from him. They were not informed of his dangerous- sickness and knew nothing of his intention or desire to make a will until after it was made. It was made five days before his death and while he was “ suffering from severe disease.”
H. S. Hayden, Esq., at the request of the…
2Cases cited1 opinion
- Leaycraft v. SimmonsNew York Surrogate's Court · 1854
3Cited by13 opinions
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
- Matter of Estate of MaherasSupreme Court of Oklahoma · 1995
- Richmond Appeal from ProbateSupreme Court of Connecticut · 1890
- Sewall v. McGovernWyoming Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.