73 Vt. 175 | Vt. | 1900
The question in this case relates to the establishment of the will of Edmond McCabe. One question involved was whether he was of sound mind. It appeared in evidence that the testator, McCabe, lived on a farm, that hired men lived with him, saw him frequently, and were about him and where he was daily. The hired men were not called as witnesses by either the proponent or the contestants. Counsel for the proponent in argument to the jury, speaking in reference to the witnesses called by the contestants, said, “Have you seen any of the hired men who were there on the farm around McCabe day in and day out from 1893 to September 1896? Those hired men with him right along day in and day out from Monday morning to Monday morning.” * * * At this point of the argument exception was taken by counsel for the contestants, and the proponent’s counsel made no further remarks upon this subject, and said nothing in relation thereto. We are
Therefore error does not appear and the judgment is¡ affirmed and ordered certified to the Prohate Court.