[Download] "Doolittle v. Upson" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Doolittle v. Upson
- Author : Supreme Court of Connecticut
- Release Date : January 15, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Sarah R. H. Meigs of Madison died
June 5, 1950, aged eighty-five years, leaving an
instrument dated May 29, 1950, purporting to be
her last will and testament. It named the
plaintiff, Harriet H. Doolittle, executrix and
chief beneficiary. On June 19, 1950, the Probate
Court for the district of Madison refused to
approve the instrument and admit it to probate.
From this decree the plaintiff appealed to the
Superior Court. The defendants are the
beneficiaries under a prior will of the testatrix
dated November 26, 1948. This was admittedly valid
and effective when executed and would be operative
to control the disposition of the testatrix'
estate were it not for the instrument dated May
29, 1950. On the trial de novo before the Superior
Court, the due execution of the 1950 will was not
questioned, and it was agreed that the only two
basic issues to be submitted to the jury were as
to (1) testamentary capacity and (2) undue
influence. On March 29, 1950, the plaintiff
qualified as conservatrix of the testatrix under
appointment by the Probate Court and functioned in
that capacity until the latter's death on June 5,
1950. The jury upon the trial in the Superior Court
found that the will in question was not the last
will and testament of the decedent, and in answer
to interrogatories further expressly found that
(1) testamentary capacity was not proven by the
plaintiff proponent, and (2) undue influence on
the part of the plaintiff was proven, seriatim, as
to each and every item of the purported will. Upon
the appeal to this court, the plaintiff admits
that, since the jury found against her both on the
issue of testamentary capacity and on that of undue
influence, she must, in order to prevail, show error
[138 Conn. 644]