Demerritt v. Randall

Decided November 21, 1874

Massachusetts Supreme Judicial Court · decided 1874-11-21

Ireland to probate. At the trial before Morton, J., one of the questions in issue was, whether the testatrix executed the will; the attesting witnesses and two other persons testifying for the proponent that they were present and saw her sign the whole of her name to the instrument. The appellants put in evidence a prior will and codicil of the said Ireland, which were admitted in evidence. The proposed will was also put in evidence.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-21

How this case has been cited

Cited by 11 later decisions — most recently November 1948

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1The experts were rightly permitted to testify to their opinion of the genuineness of the signature of the testatrix, and to their reasons for such opinion. Moody v. Rowell, 17 Pick. 490. Commonwealth v. Webster, 5 Cush. 295. Keith v. Lothrop, 10 Cush. 453.

¶2How many times the same question should be repeated on cross-examination, and how far the witness should be compelled to answer, were matters within the discretion of the presiding judge, and not subjects of exception. Exceptions overruled.