General Convention of New Jerusalem Church v. Crocker
Hamilton Circuit Court
Error to the Court of Common Pleas of Hamilton county. The defendants in error brought suit in the court of common pleas to set aside the will of the late Mrs. Allen of Glendale, upon the ground that at the time of its execution, she was of unsound mind. The estate devised had passed to her by the will of her husband, who died about twenty months before her. They had no children. Thé contestants are the collateral heirs of testatrix and her husband.
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Error to the Court of Common Pleas of Hamilton county. The defendants in error brought suit in the court of common pleas to set aside the will of the late Mrs. Allen of Glendale, upon the ground that at the time of its execution, she was of unsound mind. The estate devised had passed to her by the will of her husband, who died about twenty months before her. They had no children. Thé contestants are the collateral heirs of testatrix and her husband. She devised the property to a trustee named, directing a portion of it to be used for the place of a library and school where religious…
1Opinion of the CourtShauck, J.
Counsel for the plaintiff in error insist that the ,trial court erred in admitting the testimony offered by the contestants to show the establishment and ultimate failure of a school on Foster’s Hill some thirty years before the execution pf this will._________
*620That attempt to establish and maintain a school under Swedenborgian auspices was so different as to the times and surroundings and the conditions affecting the success of the enterprise, that it could hardly have been received by the jury as showing an insane condition of mind in the testatrix at the time of the execution of this will.…
2Cases cited8 opinions
- Otto v. DotySupreme Court of Iowa · 1883
- Will of SmithWisconsin Supreme Court · 1881
- Hall v. WolffSupreme Court of Iowa · 1883
- Cleveland Paper Co. v. BanksNebraska Supreme Court · 1883
- Rice v. RiceMichigan Supreme Court · 1884
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