Loring v. Park
John T. Loring v. John G. Park & others, Executors
Loring v. Park, 73 Mass. 42 (1856)
Headnotes
A member of a corporation to which property is given by a will, in trust for charitable uses is a competent witness to the will.
Summary
Appeal from a decree of the judge of probate, allowing the will of Jonathan Loring. One reason of the appeal was incompetency of the attesting witnesses.
By the will a large part of the testator’s property was given, in trust for the First Parish in Groton, to the Trustees of Groton Ministerial Fund, a corporation created by St. 1803, c. 86, and the acts in addition thereto. Caleb Butler, one of the attesting witnesses to the will, was one of said trustees and a member of said parish. Metcalf, J., reserved for the full court the question whether Butler was a competent witness.
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Opinion of the Court
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Shaw, C. J.
The witness Butler, not being a party to the record, and not having any beneficial interest in the result, was a competent witness. Case to stand for trial.
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