Legal Opinion

Pence v. Myers

Indiana Supreme Court

Decided May 7, 1913No. 22,241PublishedCited by 14 opinions

Prom Grant Superior Court; Robert M. VanAtia, Judge. Action by Sarah Survilla Myers and others against Mary Elizabeth Pence and others. Prom a judgment for plaintiffs, the defendants appeal.

1Opinion of the CourtSpencer, J.

Appellees brought this action against appellants to set aside the probate of and to contest the last will and testament of their father, Solomon Pence, deceased. A trial by jury resulted in a verdict for appellees. Appellants’ separate and several motions for a new trial were overruled and this appeal taken.

1

It is first insisted that the verdict of the jury is not supported by sufficient evidence and is contrary to law. In a proceeding to contest a will which has been admitted to probate, the burden of proof is on the plaintiff. Steinkuehler v. Wempner (1907), 169 Ind. 154, 81 N. E. 482, 15…

2Cases cited21 opinions

  1. Blough v. ParryIndiana Supreme Court · 1896
  2. Kingsbury v. WhitakerSupreme Court of Louisiana · 1880
  3. Gesell v. BaugherCourt of Appeals of Maryland · 1905
  4. Steinkuehler v. WempnerIndiana Supreme Court · 1907
  5. Beglin v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1903

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

3Cited by14 opinions

  1. New York Central Railroad v. MilhiserIndiana Supreme Court · 1952
  2. Collins v. BairIndiana Supreme Court · 1969
  3. Wiley v. GordonIndiana Supreme Court · 1914
  4. Davis v. BabbIndiana Supreme Court · 1919
  5. Kaiser v. HappelIndiana Supreme Court · 1941

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API