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4 Mass. 593

Buckminster v. Perry

Massachusetts Supreme Judicial Court

Decided November 15, 1808

Massachusetts Supreme Judicial Court · decided 1808-11-15

<p>Upon an appeal from a decree of the Probate Court approving a will, the will is to be proved in this Court, as if the question had originated here; and the appellee, having the affirmative, is to open and close.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1808-11-15

How this case has been cited

Cited by 18 later decisions — most recently June 1943

18 state decisions

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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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Parsons, C. J.,

¶1in summing up the cause, informed the jury that it was the opinion of the whole Court that the evidence given by the appellants to invalidate the will deserved but little consideration ; that the question was confined to the sanity of the testator at the time of making the will, which seemed to be fully established by those whose duty it was to be satisfied of that fact before they subscribed the instrument.

¶2The jury found that the testator, at the time when, &c., was of sound mind; and the will was accordingly proved, approved, and allowed.

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