Barry v. American Security & Trust Co.
Court of Appeals for the D.C. Circuit
1DissentMiller, Associate Justice
I concur in the result and in the conclusion that no probable cause was shown for the contest. I join also in believing that the public interest will be better served if, in cases which involve no more of merit than is revealed by the present record, those who share the bounty of the testator should be strongly deterred from “besmirching his reputation or parading the family skeletons after his death.” However, I doubt the wisdom of closing the door completely to contests calculated to reveal the use of fraud, coercion and undue influence in procuring the execution of wills. It seems to me…
2Cases cited11 opinions
- Dumbra v. United StatesSupreme Court of the United States · 1925
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- In Re Estate of BerglandCalifornia Supreme Court · 1919
- Friend's EstateSupreme Court of Pennsylvania · 1904
- Dutterer v. LoganWest Virginia Supreme Court · 1927
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