Legal Opinion

Starkweather v. Bell

South Dakota Supreme Court

Decided August 29, 1900PublishedCited by 4 opinions

Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Proceedings instituted by W. J. Bell for probate of will of Jennie M. Bell, deceased, Courtney Starkweather, contestant. From the judgment of the circuit court rejecting the will, proponent appeals. The facts are stated in the opinion.

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Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Proceedings instituted by W. J. Bell for probate of will of Jennie M. Bell, deceased, Courtney Starkweather, contestant. From the judgment of the circuit court rejecting the will, proponent appeals. The facts are stated in the opinion. When a will once knowm to exist and to have been in the custody of the testator, cannot be found after his death, the legal presumption is, that it was destroyed by the testator with the intention of revoking it. Behren v. Behren, 25 N. E. 209; Colyer v. Colyer, 110 N. Y. 486. The findings of…

1Opinion of the CourtFuller, P. J.

The only question presented on this appeal from a judgment rejecting a will offered for probate is whether such instrument dated September 6, 1892, is the last will and testament of Jennie M. Bell, who died on the 23d day of January, 1896 By this will W. J. Bell, the husband of deceased, is made the sole devisee and executor, and the will relied upon by contestant, Starkweather, a half-brother of the deceased, differs therefrom very materially, both in its terms and provisions, and expressly revokes all former wills by her made and executed. That the decedent made these two wills expressly…

2Cases cited1 opinion

  1. Collyer v. . CollyerNew York Court of Appeals · 1888

3Cited by4 opinions

  1. Matter of Estate of ModdeSouth Dakota Supreme Court · 1982
  2. Puckett v. BrittainSupreme Court of Oklahoma · 1931
  3. Estate of Johnson, Superior Court of California, County of San Francisco1903
  4. Matter of Estate of ModdeSouth Dakota Supreme Court · 1982

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