In re the Proposed Will of Persson

Supreme Judicial Court of Maine

In re the Proposed Will of Persson

127 Me. 542

DecidedApril 14, 1928

StatusPublished

This text of 127 Me. 542 (In re the Proposed Will of Persson) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Proposed Will of Persson, 127 Me. 542 (Me. 1928).

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Opinion

An instrument purporting to be the last will and testament of Agnes E. Persson, late of Bangor, deceased, was duly approved and allowed by the Judge of Probate for Penobscot County on February 22,1927.

Upon appeal to the Supreme Court of Probate at the April term, 1927, the decree below was affirmed, the will was approved and allowed, and the cause remitted to the Probate Court. Exceptions reserved to this decision bring the case before this Court.

The findings of a Justice of the Supreme Court of Probate in matters of fact are conclusive if there is any evidence to support them. It is only when he finds facts without evidence that his finding is an exceptionable error in law. Cotting v. Tilton, 118 Me., 91; Packard, Applt., 120 Me., 556; Rogers, Applt., 123 Me., 459, 461.

The contestant asserts that the testatrix when she made the purported will was of unsound mind, and the execution of the instrument was procured by undue influence. The sitting Justice found to the contrary, and his findings upon both of these issues are fully supported by the evidence. The exceptions cannot be sustained. Exceptions overruled.

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An instrument purporting to be the last will and testament of Agnes E. Persson, late of Bangor, deceased, was duly approved and allowed by the Judge of Probate for Penobscot County on February 22,1927.

Upon appeal to the Supreme Court of Probate at the April term, 1927, the decree below was affirmed, the will was approved and allowed, and the cause remitted to the Probate Court. Exceptions reserved to this decision bring the case before this Court.

The findings of a Justice of the Supreme Court of Probate in matters of fact are conclusive if there is any evidence to support them. It is only when he finds facts without evidence that his finding is an exceptionable error in law. Cotting v. Tilton, 118 Me., 91; Packard, Applt., 120 Me., 556; Rogers, Applt., 123 Me., 459, 461.

The contestant asserts that the testatrix when she made the purported will was of unsound mind, and the execution of the instrument was procured by undue influence. The sitting Justice found to the contrary, and his findings upon both of these issues are fully supported by the evidence. The exceptions cannot be sustained. Exceptions overruled.

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Bluebook (online)

127 Me. 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-proposed-will-of-persson-me-1928.