Pardee v. Kuster
Wyoming Supreme Court
ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. Action brought by Annie Pardee against Charles F. Kus-ter, Frederick Reinsberg, and Rudolph Abrams, as executor of the will of Charles Kuster, deceased, to establish an alleged lost, will devising certain property to the plaintiff. Judgment was given for the defendants, and plaintiff prosecuted error.
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ERROR to the District Court, Albany County, Hon. David H. Craig, Judge. Action brought by Annie Pardee against Charles F. Kus-ter, Frederick Reinsberg, and Rudolph Abrams, as executor of the will of Charles Kuster, deceased, to establish an alleged lost, will devising certain property to the plaintiff. Judgment was given for the defendants, and plaintiff prosecuted error. The presumption that a trial court is better able to judg'e between conflicting statements of witnesses than the appellate court (Rainsford v. Massengale, 5 Wyo., 1; Conway v. Merc. Co., 6 Wyo., 479) is not applicable to…
1Opinion of the Court
Scott, Justice.
On May 18, 1903, Charles Kuster made and executed his will containing among others the following recital, viz.:
*378“Second — As to my property, both real and personal, I make the following disposition to take effect upon my death, viz.:
“To my beloved son, Charles F. Kuster, I do give, grant and bequeathe all of my property, both real and personal, within the State of Wyoming; he, the said Charles F. Kus-ter, however, not to have possession, manage or control of the same for two years after my demise * *
It is alleged that on the following day he signed an instrument, in form a deed,…
2Cases cited2 opinions
- In Re the Probate of the Alleged Last Will & Testament of StickneyNew York Court of Appeals · 1899
- Holden v. BlaneyMassachusetts Supreme Judicial Court · 1876
3Cited by16 opinions
- Ballinger v. StateWyoming Supreme Court · 1968
- Northwest States Utilities Co. v. BrouiletteWyoming Supreme Court · 1937
- Cederburg v. CarterWyoming Supreme Court · 1968
- Webber v. FarmerWyoming Supreme Court · 1966
- Collins v. CollinsOhio Supreme Court · 1924
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