Public-domain · open source
OpenJurist

2 Conn. 67

Witter v. Mott

Supreme Court of Connecticut

Decided November 15, 1816

Supreme Court of Connecticut · decided 1816-11-15

IN ERROR. THIS was an appeal from a decree of the court of pro-hate for the district of Norwich, approving and ordering to be recorded the will of Samuel Mott, deceased. The will contained devises of the testator’s real estate, and was duly made and attested on the 4th day of June 1812.

Cited in Bouvier (1914)’s definition of “Cancellation”

Good law ✅— No negative treatment on recordhow we know

Decided 1816-11-15

How this case has been cited

Cited by 9 later decisions — most recently August 1988

9 state decisions

40181618201830184018501860187018801890190019101920193019401950196019701980decided

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.

View the full empirical analysis of this case →

Swift, Ch. J.

¶1The declaration subscribed by the testator on the back of his will — “ This will is invalid,” — is an express revocation of ¡1. It is the same as if he had said, this will is revoked. The reason which be has given cannot change the nature of the act. If he had intended solely to vacate the legacy to his wife, he might have said it in so many words : and it cannot be known but that the agreement made that his wife should have no claim on his estate after *69ills dealh, was a reason why the whole will should be revoked. Where the words are plain and unequivocal, there is no room for construction or conjecture as to the intent.

¶2It is not necessary that the revocation of a will should be attested by three witnesses. It is sufficient to be in writing; and then it may be proved like any* other instrument.

¶3When a will has been revoked in due form, by a written declaration, it cannot be set up, or republished, by parol.

¶4I am of opinion that the judgment be reversed.

In this opinion the other Judges severally concurred, except Goddard, J. who gave no opinion, having been of counsel in the cause.

¶5Judgment reversed.

/2/conn/67 · .json · Public domain