Gifford v. Dyer

57 Am.Dec. 708 (1852)

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Nature of the Case

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Facts

Abigail died December 6, 1850. She made several bequests of small sums to the children of Robin Gifford (P) and others. As for the rest, she gave one half of the property to Dyer, who was her brother-in-law, and the other half to her two nephews, Jesse and Alexander Dyer. P, the only child of the testatrix, was not mentioned in the will. P had been absent from home, unheard from for 10 years; all the neighbors considered him dead, and his estate had been administered upon as of a person deceased. The scrivener who drew the will testified Abigail would have made the same will if she knew P was alive. She also said she would put his name into the will and express that intent as well if it was necessary. P contested the will in that he was her only son and left out by the mistaken belief he was dead