Legal Opinion

Manship v. Stewart

Indiana Supreme Court

Decided March 11, 1914No. 22,414PublishedCited by 9 opinions

Prom Hamilton Circuit Court; Meade Vestal, Judge. Action by Irene Stewart and others against Mattie Man-ship and others, to set aside a will and codicils. Prom a judgment sustaining the will and setting aside the codicils, the defendants appeal.

1Opinion of the CourtSpencer, J.

Appellees instituted this action to set aside the will and ten codicils of Madison Brooks, deceased. The cause was submitted to a jury on the issue of the testator’s mental capacity when he executed the several instruments in question, and resulted in a verdict for appellants as to the original will and for appellees as to each of the codicils mentioned in the complaint. Appellants’ motion for a new trial was overruled and such ruling is challenged by the first assignment of error.

1

It appears from the evidence that Madison Brooks executed his last will and testament on January 17, 1896.…

2Cases cited17 opinions

  1. Brown v. . ClarkNew York Court of Appeals · 1879
  2. Payne v. PayneCalifornia Supreme Court · 1861
  3. In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
  4. Burge v. HamiltonSupreme Court of Georgia · 1884
  5. Stevens v. MyersOregon Supreme Court · 1912

12 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re Patton's WillIndiana Court of Appeals · 1950
  2. Taft v. StearnsMassachusetts Supreme Judicial Court · 1920
  3. Covert v. Boicourt, Exr.Indiana Court of Appeals · 1929
  4. Barnes v. PhillipsIndiana Supreme Court · 1916
  5. In re the Probate of the Last Will & Testament of CableNew York Surrogate's Court · 1924

4 more not listed; retrieve them via the Exa API.

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