[DOWNLOAD] "Heath Et Al. Applts. from Decree" by Cumberland Supreme Court of Maine * Book PDF Kindle ePub Free

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• Title: Heath Et Al. Applts. from Decree
• Author : Cumberland Supreme Court of Maine
• Release Date : January 09, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

On exceptions. Ora E. Reed, the testatrix, died on the eleventh day of October, A.D. 1948 in a nursing home in Richmond, in the County of Sagadahoc and State of Maine. A document dated April 12, 1940, purporting to be her last will and testament, was offered for probate in the Probate Court for the County of Cumberland, State of Maine, by the executors named therein, who are here the appellees. The petition for probate of the will alleged that the testatrix last dwelt in Portland, in said County of Cumberland. The Judge of Probate for Cumberland County denied motions by the contestants, which motions sought the dismissal of the petition for probate of the will on the ground that the testatrix died a resident of Richmond, in the County of Sagadahoc, and that because of the provisions of R.S., Chap. 140, Sec. 9, the Probate Court for Cumberland County was without jurisdiction in the premises. From this decision an appeal was taken to the Supreme Court of Probate. After hearing upon the petition, in which the contestants again raised the question of jurisdiction, the Judge of Probate held that the testatrix died a resident of Cumberland County and allowed the document presented as her last will and testament. From this decision of the Judge of Probate an appeal was taken to the Supreme Court of Probate. The aforesaid appeals were heard together in the Supreme Court of Probate and decree was entered holding that the testatrix died a resident of and domiciled in Portland, in the County of Cumberland and State of Maine, allowing the document presented as her last will and testament and dismissing both appeals. To the decree of the Justice of the Supreme Court of Probate, as well as to certain rulings of his admitting and excluding testimony and evidence, exceptions were alleged and allowed. It is on these exceptions that the case is now before this court. The bill of exceptions for convenience is divided into three numbered parts. Part numbered 1 is an exception to so much of the decree of the Justice of the Supreme Court of Probate as overruled the motion of the contestants to dismiss the petition, and his finding that the decedent was domiciled in and a resident of the city of Portland at the time of her decease. Part numbered 2 consists of a group of separate exceptions therein lettered A to H, both letters inclusive, the several exceptions being to rulings of the presiding justice admitting or excluding testimony and evidence objected to by the contestants. Part numbered 3 is an exception to the decree of the Supreme Court of Probate allowing the will, and especially to so much thereof as held that the testatrix was of sound mind on April 12, 1940, the date of the execution thereof. For convenience we will first consider the exceptions contained in parts 1 and 3 of the bill of exceptions. These exceptions are to the decree and findings of the Supreme Court of Probate.

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