Appeal of Dale
Court | Supreme Court of Connecticut |
Citation | 57 Conn. 127,17 A. 757 |
Parties | Appeal of DALE. |
Decision Date | 13 November 1888 |
Appeal from superior court, New Haven county; FENN, Judge.
Appeal by Frederick S. Dale from a probate decree approving and allowing the will of Mary Ann Monson, deceased. Verdict for appellees, and Dale appeals.
C. R. Ingersoll, S. E. Baldwin, and E. A. Smith, for appellant. H. Stoddard and J. W. Alling, for appellees.
PARDEE, J. Mary Ann Monson died on April 28, 1887, resident in the probate district of New Haven, leaving a will dated May 21, 1880. The executor asked the probate court to admit the will to probate upon proof of due execution. On July 8, 1887, the probate court, upon hearing, found that the instrument presented was duly executed by the testatrix as and for her last will and testament when she was of sound mind and memory, and approved and allowed the same, and ordered it to be recorded. On August G, 1887, Frederick S. Dale appealed from this order to the superior court. He contested the probate of the will for two reasons: (1) Because of the alleged want of testamentary capacity on the part of the testatrix, resulting from the asserted immoderate use of intoxicating liquors; (2) upon the alleged fact of undue influence exerted by her son Frank A. Monson.
The appellant requested the court to charge the jury as follows:
It was found that the facts referred to as admitted in the first paragraph of the sixth request were not in terms admitted by the appellees, and would not have been conceded as therein alleged, though it appeared in evidence and was not substantially contested that Mrs. Monson, for several years before the date of the will, had property in her own right, yielding an annual income of some thousands of dollars, which was mainly, but not entirely, collected by Frank A. Monson; that while she incurred such bills as she desired she seldom had much money by her, and kept no bank account, but called on him for such money as she wished, asking, generally, for small sums of a few dollars only, and that he gave her what she asked.
The court did not charge as above requested, except as hereinafter set forth, but charged the jury as follows: ...
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