¶1Upon a full bearing of tbe evidence and the counsel, tbe court found tbat as to tbe first reason, said Daniel tbe testator, at tbe time of making and executing, said will was of sound disposing mind and memory. As to tbe second reason, tbe court found tbat said testator did not at the same time be made and executed bis will, first make and execute a deed to said Jonathan Avery, of a part of bis lands, etc. as tbe appellants in them reason have alleged. And as to tbe third reason, tbe court were of opinion tbat it was insufficient, and thereupon affirmed tbe judgment of tbe Court of Probate.
1 Root 462
M'Lean v. Barnard
Decided September 15, 1792
Supreme Court of Connecticut · decided 1792-09-15
Tbat tbe testator at tbe time of making and executing said last will and testament was not of sound disposing mind and memory. 2d. Tbat tbe testator, at tbe same time be made and executed bis will, first made and executed a deed of a part of bis lands to Jonathan Avery; who is one of tbe three subscribing witnesses to said will, which land said Avery now bolds and claims by force of said deed — whereby said Avery became interested in the sanity of tbe testator, which is tbe…
Decided 1792-09-15