Toebbe v. Williams
Court of Appeals of Kentucky
-Case 119 — ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. , 1. The legal presumption is that all instruments, in the absence of evidence to the contrary, are executed on the day they hear date. (1' Taylor on Ev., sec. 137; 2 Ex. Rep., 191, 6 lb., 716; 4 M. & W.,., 312.) 2. And that all erasures or interlineations on the face of a will are presumed to have been made after its execution. (71 E. C. &L., 748;-40 Eng. Ch. Rep., 136; 4 Moore’s Priv. Conn.
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-Case 119 — ORDINARY APPEAL FROM FAYETTE CIRCUIT COURT. , 1. The legal presumption is that all instruments, in the absence of evidence to the contrary, are executed on the day they hear date. (1' Taylor on Ev., sec. 137; 2 Ex. Rep., 191, 6 lb., 716; 4 M. & W.,., 312.) 2. And that all erasures or interlineations on the face of a will are presumed to have been made after its execution. (71 E. C. &L., 748;-40 Eng. Ch. Rep., 136; 4 Moore’s Priv. Conn. Ca., 449; 1 Greenleaf on Ev., sec. 33; 1 Taylor on Ev., secs. 94, 97.) 3. The instructions given were misleading. (1 Redfield on Wills, sec. 3,…
1Opinion of the CourtChief Justice Hargis
' Timothy Daly wrote his will on four pages of paper forming one sheet, and signed his, name at the bottom of each, page.
*663Afterwards, he went to an attorney and said: ‘ ‘ Here is my will,” and asked him to suggest such verbal corrections, as he thought advisable.
The attorney read it over, and made four unimportant suggestions in pencil between the lines of the pen and ink writing and in the unoccupied space at the end of lines, there being no blanks in the will.
Besides the pencil suggestions, the attorney ran the pencil across the words “she will want it,” but left them plain and easily to be…
2Cited by15 opinions
- Noyes v. GerardMontana Supreme Court · 1909
- City Nat. Bank v. SlocumCourt of Appeals for the Sixth Circuit · 1921
- Brown v. Avery ex rel. AverySupreme Court of Florida · 1912
- Bell v. TimminsSupreme Court of Virginia · 1950
- In Re Estate of HailSupreme Court of Oklahoma · 1923
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