Hawke v. Euyart
Nebraska Supreme Court
Appeal from the district court for Otoe county. Heard below before Field, J. A condition annexed to a devise which discourages or interferes with the marriage relation is void. (Potter v. McAlpine, 3 Demarest [N. Y. Sur. Rep.], 108; Conrad v. Long, 33 Mich., 78; Wren v. Bradley, 2 De Gex & Srn. [Eng.], 49 ; Brown v. Peak, 1 Eden [Eng.], 140; Tennant v. Braie, Tothill [Eng.], 241; 1 Story, Eq.
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Appeal from the district court for Otoe county. Heard below before Field, J. A condition annexed to a devise which discourages or interferes with the marriage relation is void. (Potter v. McAlpine, 3 Demarest [N. Y. Sur. Rep.], 108; Conrad v. Long, 33 Mich., 78; Wren v. Bradley, 2 De Gex & Srn. [Eng.], 49 ; Brown v. Peak, 1 Eden [Eng.], 140; Tennant v. Braie, Tothill [Eng.], 241; 1 Story, Eq. Jur.,sec. 291, and note; Kelly v. Monck, 3 Ridgw.,Parl. [Ir.], 205, 244, 247, 261; Morley v. Bennaldson, 2 Hare [Eng.], 570; Ch'awford v. Thompson, 91 Ind., 266; Wilkinson v. Wilkinson, L. R.. 12 Eq.…
1Opinion of the Court
Cobb, Ci-i. J.
The appellant alleged in his petition to the'county court of Otoe county that he was the son and heir at law of Robert ITawke, late of said county, deceased, whose last will was offered for probate by Logan Euyart and George W. Hawke, executors named therein, and that he appeared and objected to the probate of said will for the reasons:
I. That no citation of notice was issued or served upon him.
II. That the paper purporting to be the last will and testament of deceased was not his will, but was obtained and procured by circumvention and by ruse on the part of Logan Euyart, one…
2Cases cited1 opinion
- Conrad v. LongMichigan Supreme Court · 1875
3Cited by18 opinions
- McDowell v. ParkerNebraska Supreme Court · 1948
- Brizendine v. American Trust & Savings BankSupreme Court of Alabama · 1924
- Daboll v. MoonSupreme Court of Connecticut · 1914
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
- Gibbons v. WardSupreme Court of Arkansas · 1914
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