Kilgore v. Gannon
Indiana Supreme Court
From Vermillion Circuit Court; Barton S. Aikman, Judge. Action by James T. Kilgore and others against Clara Gannon and others. From a judgment for defendants, the plaintiffs appeal.
1Opinion of the CourtErwin, J.
— This was an action to contest a will. The complaint is in one paragraph and in the usual form. The error relied on for reversal is the overruling of the motion for a new trial, and arises upon exceptions to the giving of certain instructions.
1. The evidence is not in the record, hence if the instructions were proper under any evidence properly admitted under the issues in the case, no reversal is authorized, but on the other hand, if the instructions given are wrong under any state of facts that could be proven under the issues in the case and direct the minds of the jury to an improper…
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