IN RE MOODY'S WILL


154 A.2d 165 (1959)

In re WILL of Elinor S. MOODY (two cases). Appeal of FIRST PORTLAND NATIONAL BANK, Ex'r. Appeal of CATHERINE MORRILL DAY NURSERY.

Supreme Judicial Court of Maine.

August 27, 1959.


Attorney(s) appearing for the Case

Josiah H. Drummond, Hutchinson, Pierce, Atwood & Allen, Portland, for appellants.

Robert W. Donovan, Portland, for City of Portland.

Jacob Agger, Portland, for Edward Blossom.

Edward A. Newman, Portland, for Fred & George Pillsbury.

Arthur A. Peabody, Portland, for Josephine Dyer & Marion Grace Hammond.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, DUBORD and SIDDALL, JJ.


WILLIAMSON, Chief Justice.

An instrument purporting to be the last will and testament of Elinor S. Moody who died in February 1956 was disallowed and denied probate as her will by the Judge of Probate, it appearing that "the three witnesses to said will are beneficially interested therein and therefore are incompetent as subscribing witnesses."

The case is before us on exceptions to the decree of the Supreme Court of Probate affirming the decree of the Judge...

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