Weatherhead's Lessee v. Baskerville
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit CouTf. of the United States for the Middle District of Tennessee. The whole evidence given upon the trial in the Circuit Court was incorporated into the bill of exceptions, which must be inserted in this statement, and the preliminary narrative must therefore be brief. ■ On the 20th of July, 1788, Anthony Bledsoe was killed by the Indians under circumstances which are minutely detailed in- the evidence.
Read the full summary
This case was brought up, by writ of error, from the Circuit CouTf. of the United States for the Middle District of Tennessee. The whole evidence given upon the trial in the Circuit Court was incorporated into the bill of exceptions, which must be inserted in this statement, and the preliminary narrative must therefore be brief. ■ On the 20th of July, 1788, Anthony Bledsoe was killed by the Indians under circumstances which are minutely detailed in- the evidence. The will which was executed by him, whilst in great bodily suffering and surrounded by an alarmed family, was as follows: —. “ In…
1Opinion of the CourtJustice Wayne
All of us agree -— our learned brother who presided upon the ' trial of this case in the Circuit Court concurring — that so much of the testimony submitted to the jury, to show a different intention in the testator from that which his will discloses, was inadmissible. Weatherhead v. Sewell, 9 Humph. 272; Newburgh v. Newburgh, 5 Madd. 364; Miller v. Travers, 8 Bingh. 244; 1 Greenleaf on Evidence,, 287, 289, and note. ,
But it was urged, as the animus testandi of a testator may be gathered from all -the circumstances constituting the res gestee of the execution of a will, that all and any of…
2Cited by25 opinions
- United States Shipping Bd. Merchant Fleet Corporation v. HarwoodSupreme Court of the United States · 1930
- Johnson v. BodineSupreme Court of Iowa · 1899
- Director General of Railroads v. Eastern Steamship Lines, Inc.Massachusetts Supreme Judicial Court · 1923
- Forsyth v. VehmeyerIllinois Supreme Court · 1898
- Havener v. United StatesCourt of Appeals for the Eighth Circuit · 1926
20 more not listed; retrieve them via the Exa API.