Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 78

Connecticut Reports; Proceedings in the Supreme Court of the State of Connecticut Volume 78

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...testified that the testatrix told him that she wished her residuary estate to be divided equally among all her heirs; that he read the will aloud to her after it was diawn; and that she said it was as she desired. On cross-examination he stated that her instructions for drafting the residuary clause were that each heir should take what the statute would give him in the absence of a will; that he was not informed whether her heirs apparent were all related to her in the same degree; and that he did not explain to her what the effect of the statute would be in case some should take by representation. Following in substance a request of the heir who appealed from the probate decree, the trial court instructed the jury that if they should find that the terms of the will were so indefinite and uncertain that an ordinary person would not know what they meant upon having them read to him, the fact that Mrs. Stevens executed it was evidence that she was not of sound mind at the time. The will before the jury contained nothing that was indefinite or uncertain. Whether, if it had, such an instruction could, under any circumstances, have been proper, it is unnecessary to inquire. It could only serve to mislead and con fuse in the case on trial. To execute, in reliance on the assurance of counsel that it conforms to the instructions given, a will containing expressions the effect of which can only be understood by those acquainted with the provisions of a law to which they refer, does not tend toshow unsoundness of mind. The error in these instructions requires a new trial; but none of the other reasons of appeal are sufficient to call for one. There was, however, one error, not assigned, which in view of the probable submission of the cause to...
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236761324
  • 9781236761323