Select Cases And Other Authorities On the Law of Property

Cover Select Cases And Other Authorities On the Law of Property
Select Cases And Other Authorities On the Law of Property
Gray, John Chipman, 1839-1915
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It is of course possible to conceive the case of an obliteration which might have the effect of enlarging that which before was given. Until a case of that kind arises, if it ever should arise, I wish to keep my judgment upon it alto-' gether suspended.
Decree appealed against affirmed; and appeal dismissed, with costs?
WARNER V. WARNER.
Supreme Court op Vermont. 1864.
[Reported 37 Vt. 356.] This was an appeal from a decree of the Probate Court disallowing the will of Isaac Warner deceased, and
... was tried bj- the jury at the Chittenden County Court, April Term, 1863, Pierpoint, J., presiding, upon the plea, that the paper propounded was not the last will and testament of the said deceased.
The proponent introduced testimony tending to prove that two days before the death of said deceased, during his last sickness, he said to his wife (the proponent) that she would find in a trunk where he kept his papers, a will made out bj' him for her benefit ; and that some three weeks after his death she examined the trunk and found among the papers the will in question, and that she thereupon presented the same to the Probate Court for probate.


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